10-2-13: APPEALS, PROTEST AND MEDIATION:

   A.   Appeals: Any Fee Payer that is or may be obligated to pay an Impact Fee, individual assessment, or Extraordinary Cost, or that claims a right to receive a refund, reimbursement, exemption, or credit under this chapter, and who is dissatisfied with a decision made by the County in applying this chapter, may appeal such decision. The Fee Payer shall have the burden on appeal of demonstrating that the decision was in error.

   B.   Appeal Process:

      1.   Appeals of Denials of an Exemption, Impact Fee Assessments, Refunds, Reimbursements, Credits, Individual Assessments, or Extraordinary Impacts:

         a.   A Fee Payer shall file a written notice of the appeal with the Director within thirty (30) days after the date of a denial of an exemption, Impact Fee assessments, refunds, reimbursements, credits, individual assessments, or extraordinary impacts. Such notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision was in error, together with copies of any documents that the Fee Payer believes support the claim.

         b.   The Director shall schedule a hearing in front of the Board within thirty (30) days of receiving the appeal. The Fee Payer or its representative shall have a right to be present and to present evidence in support of the appeal. The County personnel who made the decision under appeal or their representatives shall likewise have the right to be present and to present evidence in support of the decision.

         c.   The Board shall consider the decision and also consider any additional evidence that may be offered by the Fee Payer and County personnel. The Board may affirm, reverse, or modify in whole or in part the decision appealed from and shall issue a written decision within thirty (30) days.

         d.   A final decision of the Board may be judicially reviewed pursuant to Idaho Code § 31-1506.

   C.   Payment Under Protest: A Fee Payer may pay an Impact Fee under protest in order not to delay the issuance of a Building Permit by the County. A Fee Payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein nor shall such Fee Payer be estopped from receiving a refund of any amount deemed to have been illegally collected.

   D.   Mediation:

      1.   Any Fee Payer that has a disagreement with a decision made by the County regarding an Impact Fee determination that is or may be due for a proposed Development pursuant to this chapter, may enter into a voluntary agreement with the County to subject the disagreement to mediation by a qualified independent party acceptable to both parties.

      2.   Mediation may take place at any time following the filing of a timely appeal, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to this section.

      3.   Participation in mediation does not preclude the Fee Payer from pursuing other remedies provided for in this section.

      4.   If mediation is requested, pursuant Idaho Code § 67-8212(3), as it may be amended, any related mediation costs shall be shared equally by the parties to the mediation.

      5.   In the event that mediation does not resolve the disagreement, the Fee Payer retains all rights of appeal as set forth in this section.

(Ord. 995, 4-9-2025)