(1) The imposition of a city services fee created by this chapter may be appealed for change or relief as follows: the responsible party shall submit a written request for an appeal. The appeal shall be in writing and shall be filed with the recorder with an appeal fee. The appeal shall state:

(2) The city administrator shall review the written appeal and issue a written determination within 30 days of receipt of the appeal. If the appellant wishes to proceed with appeal, they must notify the city administrator within 10 days of the city administrator’s determination.

(3) Unless a land use question arises per subsection (5) of this section, the council shall review the appeal and make a determination at the next available council meeting not earlier than 10 days after the notification of the appeal. The decision of the council is final.

(4) If a land use question arises upon review of the appeal, the city administrator may determine that a land use category is proper and that the fee charged is appropriate. However, if the decision of the city administrator results in a change in a category of land use, the city administrator shall, for the purpose of establishing the fee, assign a new use category, and notify the finance director so that the appropriate change may be made in the applicable fee to be charged in the future. No back charges or refunds are required.

(5) If a land use question arises upon review of the written appeal, and the appellant wishes to appeal the administrator’s determination then appeal of the administrator’s decision shall proceed per the requirements of NBCC 18.92.020.

(6) Fees may be charged for an appeal under this section in an amount to be set by council resolution. (Ord. 2009, 2017)