Ordinance 2003-1436 - Laserfiche WebLink

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uses. Any such decision to pay Impact Fees on behalf of a Fee Payer shall be at the discretion of the City Council and shall be made pursuant to goals and objectives adopted by the City Council to promote affordable housing. D. Appeal of Determination or Decision of City Planning Director or designee to City Manager. 1. Appeal. Any determination or decision made by the City Planning Director or designee under this Chapter may be appealed to the City Manager by filing with the City Manager or designee within thirty 00) days of the determination or decision for which the appeal is being filed: (1) a written Notice of Appeal on a form provided by the City Manager or designee, (2) a written explanation of why the appellant feels the determination or decision is in error, and (3) an appeal fee established by the City. 2. City Manager Review. The City Manager shall promptly fix a time and place for hearing the appeal, and shall mail notice of the hearing to the appellant at the address given in the Notice of Appeal. The hearing shall be conducted at the time and place stated in the notice given by the City Manager. At the hearing, the City Manager shall consider the appeal and either affirm or modify the decision or determination of the City Planning Director or designee based on the relevant standards and requirements of this Chapter. The decision of the City Manager shall be final. E. Section Titles for Convenience Only. The section ritles used in this Chapter are for convenience only, and shall not affect the interpretation of any portion of the text of this Chapter. F. Judicial Action or Proceeding. Any judicial action or proceeding to attack, review, set aside or annul the adoption of the Fee Schedule established in this Chapter (Appendix A), and any actions taken by the City or the City Manager or designee pursuant to the terms of this Chapter shall be governed by Rule 106 of the Colorado Rules of Civil Procedure and all other relevant laws of the state. G. Other Fees. No fee collected pursuant to Chapter 3.16 of this Code shall be used for any Capital Facilities for which an Impact Fee is imposed pursuant to this Chapter. H. Administrative Rules. The City Manager and Planning Director, and their respective designees may from time to time establish written administrative rules, not inconsistent with the provisions of this Chapter, to facilitate the implementation of this Chapter. Without limiting the foregoing, the Planning Director is authorized to establish written administrative rules, not inconsistent with the provisions of this Chapter, for use in the determination of the land use categoty(ies) in the Impact Fee Schedule that is applicable to Impact-Generating Development. All administrative rules adopted pursuant hereto shall be published in written form and copies thereof maintained in the offices of the planning department, city manager, and building department. Fee Payers shall be advised of any administrative rules adopted pursuant hereto 18