§ 56-244. Review hearings.

(a)

An applicant or owner who is required to pay a educational system impact fee pursuant to section 56-221 herein, shall have the right to request a review hearing.

(b)

Such hearing shall include but not be limited to the review of the following:

(1)

The application of the educational system impact fee pursuant to section 56-221 herein.

(2)

Denial of an alternative educational system impact fee pursuant to section 56-224 herein.

(3)

Denial of an exemption pursuant to section 56-241 herein.

(4)

Any dispute concerning an application for credits pursuant to section 56-243 herein.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within 30 days of written notice of the event sought to be reviewed.

(d)

The request for hearing shall be filed with the county manager and shall contain the following:

(1)

The name and address of the applicant and owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit was issued by a permitting municipality or the county, as applicable;

(4)

If paid, the date the educational system impact fee was paid; and

(5)

A statement of the reasons why the applicant or owner is requesting the hearing.

(e)

Upon receipt of such request, a hearing shall be scheduled before the board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within 30 days of the date the request for hearing was filed.

(f)

Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. A determination shall be in writing and issued by the county manager within 30 days of the hearing to the applicant, owner and governmental entity responsible for issuing the applicable development permit.

(g)

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a building permit, or if a building permit has been issued without the payment of the educational system impact fee, shall pay prior to or at the time the request for hearing is filed the applicable educational system impact fee pursuant to section 56-221. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights.

(h)

An applicant or owner may request a hearing under this section without paying the applicable educational system impact fee but no building permit shall be issued until such educational system impact fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(Ord. No. 2007-41, § 3.04, 10-18-2007)