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14.01.090. Appeals

            (1)        Any fee payer may pay the impact fees imposed by this Chapter under protest in order to obtain the development approval and/or a building permit.  Appeals regarding the impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur.  No appeal shall be permitted unless and until the impact fees at issue have been paid.

            (2)        The Community and Economic Development Director's determinations with respect to the applicability of the impact fees to a given development approval and/or a building permit, the availability or an exemption, the availability or value of a credit, or the Community and Economic Development Director's decision concerning the independent fee calculation which is authorized in Section 14.01.160, or the impact fees imposed by the Community and Economic Development Director pursuant to Section 14.01.160, or any other determination which the Community and Economic Development Director is authorized to make pursuant to this Title, can be appealed to the City Council.

            (3)        Appeals shall be taken within thirty (30) days after payment of an impact fee.  Appeals shall be taken to the City Council by filing a written notice of appeal with the City Recorder, specifying the grounds thereof, and depositing an administrative fee in the amount of Fifty Dollars ($50.00).  The person appealing the fee shall also submit, in writing, a request for information relative to the fee.  The Community and Economic Development Director shall transmit to the City Council and within two (2) weeks of the written request for information, to the person appealing the fee, all papers constituting the record for the determination, including the written analysis required by Section 11-36-301, Utah Code (as amended), and any other relevant information relating to the impact fee.

            (4)        The City Council shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same.  At the hearing, any party may appear in person or by agent or attorney.  If the matter which is the subject of the appeal requires development approval which also requires a hearing before the City Council, both the appeal and the development approval hearing may be combined in a single hearing.

            (5)        The City Council is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation.  The decision of the City Council shall be final, except as provided in this Section and shall be made within thirty (30) days from the date the appeal was filed.

            (6)        The City Council may, so long as such action is in conformance with the provisions of this Title, reverse or affirm, in whole or part, or may modify the determination of the Community and Economic Development Director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have the powers which have been granted to the Community and Economic Development Director by this Title.

            (7)        Any fee payer who believes that the decision of the City Council is based on erroneous procedures, errors of law or fact, error in judgment, or has discovered new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the City Council within ten (10) working days of the date the decision is rendered.  Such fee payer is the "appellant" for the purposes of this Section.  This request shall set forth the specific errors or new information relied upon by such appellant, and the City Council may, after review of the record, take further action as it deems proper.

            (8)        The filing of a request for reconsideration shall effectively stay the appeal period until the City Council takes further action.

            (9)        Where the City Council determines that there is a flaw in the impact fee program or that a specific exemption or credit should be awarded on a consistent basis or that the principles of fairness require amendments to this Title, they shall issue a decision requiring that such a modification, change, or elimination of a fee or fee requirement, as is deemed necessary to correct the flaw, be made.

            (10)      Any fee payer aggrieved by a decision of the City Council may submit an appeal of the decision to a court of competent jurisdiction within one hundred twenty (120) days after the date the challenge to the impact fee was filed.  All appeals to the district court shall be made pursuant to Section 11-36-401, Utah Code (as amended).

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-42, Enacted, 6/30/1997

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