16-36-110 IMPACT FEES, ENFORCEMENT, PERMITS, AND PENALTIES: IMPACT FEE CALLENGES AND APPEALS A

Any person or entity residing in or owning property within the City and any organization, association, or corporation representing the interests of persons or entities owning property within the City, may file a declaratory judgment action challenging the validity of the Impact Fee being assessed pursuant to this ordinance. B. Any person or entity required to pay an Impact Fee imposed by the City who believes the fee does not meet the requirements of law may file a written request for information with the City as provided by law. C. Within two weeks of the receipt of the request for information, the City shall provide the person or entity with a copy of the capital facilities plan and impact fee analysis required by the Act and with any other relevant information relating to the Impact Fee. D. Within thirty (30) days after paying an impact fee, any person or entity who has paid the fee and wishes to challenge the fee shall: 1. File a written appeal with the City Council of the City by delivering a copy of such appeal to the City’s City Administrator setting forth in detail all grounds for and all facts relied upon by the appealing party with respect to the fees appealed. Upon receipt of appeal the City Council of the City shall thereafter schedule a public hearing on the appeal at which time all interested persons will be given an opportunity to be heard. The City Council shall schedule the appeal hearing and thereafter render its decision on the appeal no later than thirty (30) days after the challenge to the impact fee is filed. Any person or entity who has failed to comply with the administrative appeal remedies established by this section may not file or join an action challenging the validity of any impact fee. 2. Within ninety (90) days of decision upholding an impact fee by the City or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier, any party to the appeal that is adversely affected by the City Council’s decision may petition the Fifth Judicial District Court in and for Washington County for review of the decision. (Ord. 2007- 04;Ord. 2007-07; Ord. 2007-09; Ord. 2007-16; Ord. 2008-05; Ord. 2008-06)