§ 70-305. Appeals.

(a)

After determination of: (i) the amount of the Impact Fee, which occurs at the time of issuance of the Certificate of Occupancy as defined in this article, (ii) the amount of the credit, which occurs at the time of issuance of a determination on a petition under section 70-303(a) through (d) of this article, or (iii) the amount of the refund due, which occurs at the time of issuance of a determination on a petition under section 70-302 of this article, an Applicant may appeal such determination to the Impact Fee Administrator. The Impact Fee Administrator shall have 15 business days to respond in writing to the appeal request. Should the appeal request be denied, the Applicant shall have the right to file a notice of appeal with the Clerk of the Board within 30 days following the determination appeal request by the Impact Fee Administrator. The Impact Fee Administrator shall prepare a written response justifying the decision to deny the appeal request and cite applicable policies and rationale for the decision. The filing of an appeal shall stay the issuance of the Certificate of Occupancy unless a bond, letter of credit, or other surety has been filed with the County in an amount equal to the impact fee assessed and applicable surcharge. The Board shall base its decision on any appeal on the applicable standards and criteria established in this Article and the evidence presented by the Applicant and the Impact Fee Administrator at a properly advertised public hearing. The hearing shall be held within 60 days of receipt of the appeal request. The Board may uphold or revoke, in whole or in part, the determination being appealed and to that end shall have the powers of the administrative official from whom the appeal is taken.

(b)

The Impact Fee Administrator is authorized, without a hearing to the Board, to take such actions as are necessary to correct errors in the calculation and/or collection of Impact Fees which are the subject of an appeal timely filed in accordance with this article.

(Ord. No. 2004-028, § 1, 4-13-2004; Ord. No. 2007-056, § 2, 7-11-2007; Ord. No. 2015-090, § 9, 1-26-2016)