(A) Grounds for Appeal. Any person who objects to a decision or determination by the City Manager with respect to the applicability of the Fee to a specific development, the calculation of the Fee due as to a specific Applicant, the collection of the Fee, the withholding of a connection permit due to failure of the Applicant to pay a Fee, the failure to refund a Fee or as to the proper use of Fee revenues, may file an appeal in writing with the Governing Body.

(B) Time Limit for Filing an Appeal. The Applicant must file an appeal from any decision or determination by the City Manager, or designated representatives, within ten (10) days following the decision or determination.

(C) Form of Appeal. No precise form of appeal is required, but the Applicant shall include, at a minimum, the following information: name, address and telephone number of the Applicant, the general location of the property within the Area; the size of the parcel affected by the application; the total acreage of the property owner’s land holdings in the Area; the existing use of and/or the existing development on the property; the date of application for a connection permit to the potable water system; and the grounds for the appeal.

(D) Scheduling of Hearing of Appeal. The City Clerk shall schedule the hearing of the appeal at a regular or special meeting of the Governing Body not sooner than twenty (20) days following the decision or determination appealed from. The appellant shall be given not less than ten (10) days notice of the date, time and place of the hearing of the appeal.

(E) Action by Governing Body on the Appeal. Prior to reaching a decision on the appeal, the Governing Body may refer the appeal to the City Manager or, through the City Manager, to appropriate City staff for the preparation of a report on the facts and circumstances underlying the appeal. In considering the appeal, the Governing Body may affirm, modify, extend or overrule the decision or determination of the City Manager; provided, however, that any such action shall be consistent with the provisions of this Chapter and with applicable City ordinances and State and federal law. The burden of proof shall be on the Applicant to demonstrate that the decision or determination of the City Manager was erroneous. All decisions by the Governing Body shall be in writing and the decision rendered shall be deemed to be a final administrative decision.

(F) Notice to Appellant. The action of the Governing Body on the appeal shall be taken at a public meeting of which the Applicant has been given notice.

(G) Stays. The filing of an appeal by appellant prior to Fee payment shall not stay the collection of the Fee as calculated by the City Manager if the Applicant subsequently applies for a connection permit. The filing of an appeal by appellant subsequent to Fee payment shall not stay the deposit of the Fee into the account nor the appropriation and expenditures of the Fee for the Project. (Ord. 09-66 § 1, 2009.)