3.32.130 Appeal

        A.    Any owner who disputes any interpretation by the manager regarding the category assigned to an owner’s developed property may appeal by submitting a written appeal of that interpretation. The appeal will be denied without review unless it is received by the city within 10 days from the date of the manager decision and follows the process provided by this section. Except in cases of hardship, as determined by the council, appeals that result in changes in the TUF become effective at the beginning of the next billing cycle.

        B.    The appeal must include the filing fee as set by council resolution, specify the basis for disagreeing with the decision and include an engineering study prepared by a licensed professional engineer using ITE Manual methodology. The pass-by and diverted trip analyses do not apply to this TUF program. Appeals are limited to the facts relating to the developed property improvements and area, traffic generations rates and other factors material to the calculation of the TUF.

        C.    The manager will place a properly prepared appeal on the next council meeting agenda that allows for proper notice and provide the appellant with at least 10 days written notice of the meeting at which the appeal will be heard. The council will conduct a hearing and determine whether there is substantial evidence in the record to support the decision of the manager. The council may continue the hearing to gather additional information. The council will make a tentative oral decision and later adopt a final written decision with appropriate findings. The decision of the council will be limited to whether the subject developed property has been assigned to the appropriate category. The council may determine that a different category should be assigned but there will be no refund of TUF previously paid. If the council decision results in a change in category, the appeal filing fee will be refunded. All council decisions are final.