074 of 2013 - Amending Section 18.98.090 to modify provisions regarding challenges and appeals to impact fees 0 13-1
0 13-30
SALT LAKE CITY ORDINANCE
No.74 of 2013
(Amending challenges and appeals to impact fees)
AN ORDINANCE AMENDING SECTION 18.98.090, SALT LAKE CITY CODE, TO
MODIFY PROVISIONS REGARDING CHALLENGES AND APPEALS TO IMPACT FEES.
WHEREAS, it is proposed that Section 18.98.090, Salt Lake City Code, be amended to
modify provisions regarding challenges and appeals to impact fees; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 18.98.090, Salt Lake City Code, is amended to read as follows:
18.98.090: CHALLENGES AND APPEALS:
A. 1. Any person or entity that has paid an impact fee may challenge the
impact fee by filing:
a. An appeal pursuant to subsection B of this section;
b.A request for arbitration as provided in Utah code section 11-
36a-705, as amended; or
c. An action in district court.
2. An impact fee challenge may be initiated only within the time limits set
forth in Utah code section 11-36a-702, as amended.
3. If, pursuant to Utah code section 11-36a-705, as amended, a person or
entity submits an impact fee challenge to arbitration, the city shall not agree to
participate in binding arbitration.
4. The remedy for a successful challenge to an impact fee shall be as
provided in Utah code, title 11, chapter 36a, part 7, as amended.
5.Nothing in this section shall be construed to require a fee payer to
exhaust administrative remedies with the city before filing an action in district
court under subsection A.1.c of this section.
1
B.An appeals hearing officer,appointed by the mayor,shall hear and decide
appeals alleging an error in any administrative decision made in the administration or
enforcement of this chapter.Appeals to the appeals hearing officer shall be considered in
accordance with the following procedures:
1.The standard of review for an appeal shall be de novo.The appeals
hearing officer shall review the matter appealed anew,based upon applicable
procedures and standards for approval,and shall give no deference to the decision
below.
2.The appellant has the burden of proving the decision appealed is
incorrect.
3.The community and economic development director may adopt policies
and procedures consistent with the provisions of this section,for processing
appeals,the conduct of an appeal hearing,and for any other purpose considered
necessary to properly consider an appeal.
C. 1.Any fee payer may pay the impact fees imposed by this chapter under
protest in order to obtain a building permit and thereafter may appeal the validity
or amount of such payment to the appeals hearing officer.Appeals regarding the
impact fees imposed on any development activity may be filed only by the fee
payer of the property where such development activity will occur.No appeal shall
be permitted unless and until the impact fees at issue have been paid.
2.Appeals shall be made by filing a written notice of appeal with the
appeals hearing officer,specifying the grounds thereof,and paying an
administrative fee in the amount of fifty dollars($50.00).
a.The appellant may also submit,in writing,a request for
information relative to the impact fee.
b.The appeals hearing officer shall,within fourteen(14)calendar
days after receiving notice of appeal,hold a hearing to consider the
evidence and arguments of the appellant and shall record the hearing and
retain such evidence.
c.The appeals hearing officer shall issue a written decision on the
appeal within thirty(30)calendar days after the day on which the appeal
was filed.Notification of the decision of the appeals hearing officer shall
be sent by mail to all parties to the appeal within ten(10)days of the
appeals hearing officer's decision.
3.A person or an entity who is a party to an appeal may challenge a decision
made by the appeals hearing officer by filing a petition for review of the decision with the
2
district court as provided in the Impact Fees Act, Utah Code 11-36a-101, et seq., or its
successor.
SECTION 2. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this10 day ofDec , 2013.
CHAIRP ON
ATTEST:
0:11(/ p
CITY RECORDER
Transmitted to Mayor on December 10, 2013
Mayor's Action: ,\kr Approved. Vetoed.
(P4 1/
C•midd
44 • OR
1 / '� C iT y U4"1
CITY RECORDER Q 1 1`h :
pURA
�'�yac�•a+++
3
(SEAL)
APPROVED AS TO FORM
Date: �4/
Bill No. 74 of 2013. By. 24,-/-trnt//,.7
Published: 12-12-13 (y
Impact fee appeal authority-clean(12-10-13).docx
4