11.05.090 Appeal Procedure.
1. Any person or entity that has paid an Impact Fee pursuant to this Ordinance may challenge the Impact Fee by filing:
a. An appeal to the City pursuant to paragraph 2, 3 and 4 of this Section 8;
b. A request for arbitration as provided in Utah Code Ann. § 11-36-402(1), as amended; or
c. An action in state district court as provided in Utah Code Ann. § 11-36-401(4)(c)(iii), as amended.
2. Application. Any person or entity that has paid an Impact Fee pursuant to this Ordinance may challenge or appeal the Impact Fee by filing a written notice of appeal with the City Council within 30 days of the date that the fee was paid.
3. Hearing. Upon receiving the written notice of appeal, the City shall set a hearing date to consider the merits of the challenge or appeal. The person or entity challenging or appealing the fee may appear at the hearing and present any written or oral evidence deemed relevant to the challenge or appeal. Representatives of the City may also appear and present evidence to support the imposition of the fee.
4. Decision. The hearing panel, which shall consist of the City Council or such other body as the City Council shall designate, shall hold a hearing and make a decision within 30 days after the date the challenge or appeal is filed.