10.70.410 - Notice of protest rights.

A.

Each applicant is hereby notified that, in order to protest the imposition of a traffic impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and the Mitigation Fee Act. Failure of any person to comply with the protest requirements of this chapter or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition.

B.

On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the city and serve a written notice to the Director with all of the following information: (1) a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the city of the factual elements of the dispute and the legal theory forming the basis for the protest.

C.

The applicant shall bear the burden of proving, to the satisfaction of the Director, entitlement to a fee adjustment. The evidence (information and documentation) to be submitted by the applicant in support of the protest shall include, but not be limited to, an identification of the amount of the fee which the applicant alleges should be imposed upon the development project, and all factual and legal bases for the allegation. The applicant shall identify each portion of this Impact Fee Ordinance and any implementing resolution which the applicant claims supports the allegation. The applicant shall identify each portion of this Impact Fee Ordinance and each portion of any implementing resolution (in particular the technical reports incorporated therein) which the applicant claims fails to support the city's imposition of the fee upon the development project. At the request of the Director, the applicant shall provide additional information or documentation in substantiation of the protest.

(Ord. 12786 § 1 (part), 2007)

10.70.420 - Director's determination.

No more than thirty (30) days after receipt of all requested materials identified in subsection 10.70.410 (C), the Director shall investigate the factual and legal adequacy of the applicant's protest to render a decision and issue a written determination regarding the protest. During the review process, the Director shall consider the applicant's protest, relevant evidence assembled as a result of the protest. The Director's determination shall support the fee imposed upon the development project unless the applicant establishes, to the satisfaction of the Director, entitlement to an adjustment to the fee.

10.70.430 - Appeal of director's determination.

Any applicant who desires to appeal a determination issued by the Director pursuant to Section 10.70.420 shall submit a written appeal to the Director and the City Administrator. A complete written appeal shall include a complete description of the factual elements of the dispute and the legal theory forming the basis for the appeal of the Director's determination. An appeal received by the City Administrator more than ten calendar days after the Director's determination shall be rejected as late. No later than thirty (30) days after receipt of a complete and timely appeal, the City Administrator shall render a decision. The City Administrator's decision is final and conclusive.

(Ord. 12786 § 1 (part), 2007)

10.70.440 - Costs of protest.

The applicant shall pay all city costs related to any protest or appeal pursuant to this chapter, in accordance with the fee schedule adopted by the city. At the time of the applicant's protest, and at the time of the applicant's appeal, the applicant shall pay a deposit in an amount established by the city to cover the estimated reasonable cost of processing the protest and appeal.

(Ord. 12786 § 1 (part), 2007)

10.70.450 - Implementing regulations.

The City Administrator is hereby authorized to adopt rules and to implement this chapter and to make such interpretations of this chapter as he or she may consider necessary to achieve the purposes of this chapter.

(Ord. 12786 § 1 (part), 2007)