§ 29-111. City council review hearing.

(a)

An applicant or owner who is required to pay a fire and rescue system impact fee pursuant to this article, shall have the right to timely request a review hearing of the decision of the City Manager rendered in accordance with the provisions of section 29-110.

(b)

Such hearing shall be limited to the review of the determination made by the City Manager concerning the application or calculation of the appropriate impact fee or, in the event of non-response of the City Manager, direct review concerning the application or calculation of the appropriate impact fee.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within fifteen (15) calendar days, including Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable:

(1)

The impact fee special review determination, or

(2)

The determination as to an alternative impact fee. 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 City Manager and shall contain the following:

(1)

The name and address of the applicant or owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit was issued and building permit number.

(4)

A brief description of the nature of the construction being undertaken pursuant to the 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 and a statement of the amount that the applicant or owner asserts would be the appropriate impact fee.

(e)

Upon receipt of such request, the City Manager shall schedule a hearing before the City Council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such 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 Council 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.

(Ord. No. 2002-33, § 13, 11-19-02)