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(A) A development fee determination or a credit determination by City staff may be appealed in accordance with the following procedures:

(1) An appeal shall be limited to disputes regarding the calculation of development fees owed for a specific development; the availability and calculation of any credits that should be applied towards development fees if a Developer provides or finances a Capital Facility; and the availability and calculation of any refunds authorized pursuant to this article.

(2) The burden of proof shall be on the party lodging the appeal to demonstrate that the decision of City staff is erroneous.

(3) An appeal shall be brought only by a person with standing, which is limited to the following:

(a) With respect to appeals regarding the calculation of development fees owed for a specific development only the party who is to pay the development fee shall have standing.

(b) With respect to appeals regarding the availability and calculation of any credits that should be applied towards development fees, only the Developer who provided or financed the Capital Facility for which the credits would be provided shall have standing.

(c) With respect to appeals regarding the availability and calculation of any refunds authorized pursuant to this article, only the owner of real property for which a development fee was paid after July 31, 2014, shall have standing.

(4) The appeal shall be initiated in writing and on a form provided by the City, which shall be submitted to the Finance Director.

(5) The Finance Director shall act upon the appeal within 30 calendar days of the Finance Director’s receipt of the appeal, and the party lodging the appeal shall be notified of the Finance Director’s decision in writing.

(6) The party who lodged the appeal may further appeal the decision of the Finance Director to the City Manager or authorized designee who shall be in a more senior position than the Finance Director. The appeal to the City Manager or authorized designee shall be in writing setting forth the reasons why the party appealing believes the decision of the Finance Director is in error and it shall be submitted to the City Manager within 14 calendar days of the date of the Finance Director’s decision.

(7) The City Manager or authorized designee shall act upon the appeal with 14 calendar days of the receipt for the appeal and the party lodging the appeal shall be notified of the City Manager’s or authorized designee’s decisions in writing.

(8) The decision of the City Manager or authorized designee regarding the appeal shall be final.

(B) Building permits and Certificates of Occupancy may be issued during the pendency of an appeal if the party seeking the permit or certificate of occupancy (1) pays the full development fee calculated by the City at the time the appeal is filed or (2) pays the development fee believed to be owed by the Applicant and provides the City with financial assurances in the form acceptable to the Finance Director or authorized designee equal to the difference between the amount the City claims is owed and the amount paid. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and additional monies collected or a refund paid as warranted. If the appeal is denied by the City of Goodyear Manager or authorized designee, and the Applicant has provided the City with financial assurances as set forth in this subsection (B), the additional monies owed shall be paid to the City within 10 days of the City of Goodyear Manager or designee’s final decision on the appeal. If the Applicant fails to deliver the additional monies owed the City may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the development fees due. (Ord. 19-1416, passed 1-14-2019)