13.25.100 Appeals, enforcement, and judicial review.
A. A person wishing to challenge the legality of any impact fee, the legality of any offset, denial of exemption, or any other challenge to an administrative decision pursuant to this chapter may appeal to the City Council, by delivering written notice to the City Manager within thirty days of payment of the fee. Payment of the applicable impact fee is a prerequisite to any appeal.
1. The Council shall receive any evidence and arguments with regard to the appeal, which shall be conducted on the record. The proceedings may be conducted informally and shall not be subject to the rules of evidence. The Council shall render a decision based upon the evidence provided at the hearing and, upon a majority vote, shall decide whether the decision of the City Manager is sustained or reversed.
2. The hearing shall be chaired by the Mayor. The City Attorney shall represent the City and the City Manager or other staff may present evidence in support of the City’s position.
3. The hearing shall be held and a decision rendered no later than thirty days from the delivery of written notice of appeal. If the City Manager’s decision is reversed there shall be no right of judicial review.
4. Exhaustion of all administrative remedies shall be a jurisdictional prerequisite to judicial review. Any party wishing to appeal and adverse decision by the Council may seek judicial review by filing a civil action with the Grand County District Court no later than ninety days from the date of the decision by the Council. Review shall be limited to the record established before the Council and the court shall affirm the decision if it is supported by substantial evidence.
B. Violations of the provisions of this chapter shall be punishable, at the option of the City, either as a class C misdemeanor, or by appropriate civil action to enjoin or abate the violation. In any such civil action the violator shall be liable for civil damages derived from the violation, together with fines not to exceed five hundred dollars per violation and reasonable attorney’s fees and court costs.
1. To obtain injunctive relief it shall only be necessary that the City establish satisfactory proof of the violation of this chapter. Evidence of irreparable harm shall not be required.
2. Jurisdiction and venue for any action to enforce this chapter shall be in the district court, Grand County, Utah.
C. The provisions of this chapter are severable and if any portion shall be held invalid, unenforceable, or unconstitutional by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 98-13 (part), 1998)