§ 27-213. Review hearings.

(a)

An applicant or owner who is required to pay an impact fee pursuant to this article, shall have the right to request a review hearing.

(b)

Such hearing shall be limited to the review of the application of the impact fee to the applicant or owner.

(c)

Except as otherwise provided in the this article, such hearing shall be requested by the applicant or owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable:

(1)

Receipt of a notice of impact fee statement.

(2)

The denial of an impact fee exemption or authorization for reimbursement.

Failure to request a hearing within the time provided shall be deemed a waiver of such right.

(d)

The request for hearing shall be filed with the office of the city manager and shall contain the following:

(1)

The name and address of the applicant and owner;

(2)

The legal description of the property in question;

(3)

If issued, the date of the building permit;

(4)

A brief description of the nature of the improvements on the property or the connection being undertaken pursuant to a building permit;

(5)

If paid, the date the impact fee was paid; and,

(6)

A statement of the reasons why the applicant or owner is requesting the hearing.

(e)

Upon receipt of such request, the city manager shall schedule a hearing before the city commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant or owner with written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed.

(f)

Such hearing shall be before the city commission and shall be conducted in a manner designed to obtain all information and evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence.

(g)

Any applicant or owner who requests a hearing pursuant to these provisions and desires the immediate issuance of a building permit shall pay prior to or at the time the request for hearing is filed the applicable impact fee pursuant to this article. Such payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights.

(h)

If the city commission determines that the data, information and assumptions utilized by the applicant to calculate the alternative water system impact fee, the alternative sewer system impact fee or both do not comply with the requirements of this article or is otherwise not equitable or that the alternative water system impact fee, the alternative sewer system impact fee or both were not calculated by the use of a generally accepted methodology, then the city shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative water system impact fee, the alternative sewer system impact fee or both and the reason or reasons for noncompliance.

(i)

At the sole discretion of the city commission, the alternative impact fee review hearing may be adjourned or continued for up to sixty (60) days to cause further study or scrutiny of any proposed alternative water system impact fee, alternative sewer system impact fee or both or study of either or both of them by either city staff or outside consultants. The final decision of the city commission shall be in writing and issued within twenty (20) calendar days of the review hearing.

(Ord. No. 2011-035, § 2, 11-22-11)