§ 8.7-22. Review hearings.

A.

An applicant or owner who is required to pay impact fees pursuant to this chapter shall have the right to request a review hearing before the board.

B.

Such hearing shall be limited to the review of the following:

1.

The application of the appropriate impact fees pursuant to this chapter.

2.

The failure to grant or the granting of insufficient alternative impact fees pursuant to section 8.7-13.

3.

Any dispute concerning an application for credits pursuant to section 8.7-21.

4.

The failure to grant an exemption pursuant to section 8.7-16.

C.

Except as otherwise provided in this chapter, such hearing shall be requested by the applicant or owner within fifteen (15) calendar days of the date of first receipt of written notice of the event sought to be reviewed. Failure to request a hearing within the time provided shall be deemed a waiver of any right for consideration of administrative relief.

D.

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

1.

The name and address of the applicant or owner;

2.

The address and legal description of the property in question;

3.

If issued, the date the certificate of occupancy was issued;

4.

A brief description of the nature of the construction;

5.

If paid, the date the impact fees were paid; and

6.

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

E.

Upon receipt of such request, the county manager shall schedule a hearing before the board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant or owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed.

F.

Such hearing shall be before the board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested 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. A determination shall be made in writing and issued within thirty (30) days of the hearing to the applicant or owner.

G.

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a certificate of occupancy, or if a certificate of occupancy has been issued without the payment of all impact fees, shall either pay all applicable impact fees prior to or at the time the request for hearing is filed or provide the county manager with an irrevocable letter of credit drawn on a financial institution acceptable to the county in the amount of the applicable impact fees. The payment or the providing of the irrevocable letter of credit shall be deemed paid under protest and shall not be construed as a waiver of any review rights.

H.

An applicant or owner may request a hearing under this section without paying the applicable impact fees, but no certificate of occupancy shall be issued until all impact fees are paid in the amount initially calculated or the amount determined upon completion of the review provided for in this section.

(Ord. No. 18-048, § II(2.12), 7-24-18)