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 Winter Garden
 Code of Ordinances
 Chapter 78. UTILITIES
 Article II. WATER AND SANITARY SEWER SYSTEMS

  § 78-61. Impact fee protest and appeals.  

Latest version.

  • (a)

    A person may protest or challenge the imposition of or a decision on an impact fee imposed pursuant to this article by filing with the city manager, within 30 days from the occurrence of the decision, event, or imposition of an impact fee sought to be challenged, a written notice of protest containing the following minimum information:

    (i)

    The name and address of the person protesting and property owner;

    (ii)

    The legal description of the property at issue;

    (iii)

    If issued, the date of the building permit(s) issued for the property at issue; (iv) If paid, the date of and the amount of the impact fee paid; and

    (v)

    A full statement of the reasons why the person is protesting.

    The person who files the protests bears the burden of proof to demonstrate that the fee, decision or matter challenged is improper and/or should be modified.

    (b)

    Upon receipt of such protest, including all the information required pursuant to subsection (a), the city manager or his designee shall review the protest, and within 45 days of the receipt of the complete request, approve or deny the request. If the person making the protest disagrees with the determination of the city manager or his designee, such person may appeal the decision to the city commission, provided a written appeal is filed with the city clerk within ten days from the issuance of the city manager's decision.

    (c)

    Upon receipt of an appeal, a hearing shall be scheduled before the city commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the person who filed the appeal written notice of the time and place of the hearing. Such hearing shall be held within 60 days of the date the appeal was filed. The determination of the city commission shall be final.

    (d)

    Any judicial action or proceeding to attack, review, set aside or annul the reasonableness, legality, or validity of any impact fee or decision related thereto must be filed within 30 days following the date of the imposition of the impact fee or the final determination of the city commission on an appeal, which occurs later.

    (e)

    Failure to timely file a protest, appeal or judicial action in accordance with these procedures shall constitute a waiver and invalidation of any protest, appeal or challenge to the applicable imposition of an impact fee or decision concerning an impact fee.

(Ord. No. 11-02, § IV, 1-13-11)