A.
Each applicant is hereby notified that, in order to protest the imposition of any impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and the Mitigation Fee Act. Failure of any person to comply with the protest requirements of this chapter or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition.
B.
On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the City and serve a written notice to the Director with all of the following information: (1) a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the City of the factual elements of the dispute and the legal theory forming the basis for the protest.
C.
After receipt of the notice from the applicant, and prior to the informal hearing to be scheduled in accordance with Section 11.01.210, the Director shall investigate the factual and legal adequacy of the applicant's protest. At the request of the Director, the applicant shall provide additional information or documentation in substantiation of the protest.
D.
The applicant shall bear the burden of proving, to the satisfaction of the Director, entitlement to a fee adjustment or waiver. The evidence (information and documentation) to be submitted by the applicant in support of the protest shall include, but is not limited to, an identification of the amount of the fee which the applicant alleges should be imposed upon the development project, and all factual and legal bases for the allegation. The applicant shall identify each portion of this chapter and any implementing resolution which the applicant claims supports the allegation. The applicant shall identify each portion of this chapter (in particular but not limited to the elements summarized in Section 11.01.030) and each portion of any implementing resolution (in particular but not limited to the technical reports incorporated therein) which the applicant claims fails to support the City's imposition of the fee upon the development project.
(Ord. 2005, Amended, 08/12/2025)