11.12.070 Appeal Procedure.
1. Application. The appeal procedure applies to challenges to the legality of impact fees, to similar and related fees of the City and to the interpretation and/or application of those fees. By way of illustration, in addition to the legality of the impact fee schedule, determinations of the density of a development activity or calculation of the amount of the impact fee due will also be subject to this appeal procedure.
2. Declaratory Judgment Action. Any person or entity residing in or owning property within the City and any organization, association or corporation representing the interests of persons or entities owning property within a service area may file a declaratory judgment action challenging the validity of an impact fee.
3. Request for Information Concerning the Fee. Any person or entity required to pay an impact fee who believes the fee does not meet the requirements of law may file a written request for information concerning the fee with the City. The City will provide the person or entity with the City’s written impact fee analysis, capital facilities plan and other relevant information relating to the impact fee within two weeks of receipt of the request for information.
4. Appeal to the City After Payment of the Impact Fee; Statute of Limitations for Failure to File. Any person or entity who has paid an impact fee and wishes to challenge the fee shall file a written request for information concerning the fee and proceed under the City’s appeal procedure. A challenge may not be initiated unless it is initiated within:
a. Challenge of Noticing Requirements. The person or entity has 30 days after paying an impact fee adopted on or after July 1, 2000 for a challenge of the noticing requirements of the Impact Fees Act.
b. Challenge of Other Procedural Requirements. The person or entity has 180 days after paying an impact fee adopted on or after July 1, 2000 for a challenge of other procedural requirements for imposing impact fees.
c. Challenge of Fees Adopted Prior to July 1, 2000. The person or entity has one year after paying an impact fee for a challenge to impact fees adopted prior to July 1, 2000.
5. Challenge by Arbitration. Each person or entity intending to challenge an impact fee shall file a written request for arbitration with the local political subdivision within the time limitation provided for the applicable type of challenge as is stated in §11-36-402(2). If a person or entity files a written request for arbitration, an arbitrator or arbitration panel shall be selected and a hearing on the challenge shall be held within thirty (30) days after the date the request for arbitration is filed. The arbitrator or arbitration panel shall then issue a decision in writing within ten (10) days from the date the hearing is completed.