§ 10-280. Review hearings before a hearing officer.

(a)

An applicant or owner who is required to pay an impact fee shall have the right to request a review hearing before a hearing officer.

(b)

Such a hearing shall be limited to the review of the following:

(1)

The application or calculation of the appropriate impact fee pursuant to section 10-322.

(2)

The application or calculation of the appropriate rebate of impact fee pursuant to section 10-277.

(3)

The refusal or valuation of developer impact fee credit for dedication of land or construction of improvements.

(4)

The county administrator's rejection of an independent impact analysis.

(5)

A claim that the new fee schedule constitutes an unlawful impairment of an existing construction or development contract.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within thirty (30) calendar days, including Sundays and legal holidays, of the date of:

(1)

Receipt of the notice of impact fee statement,

(2)

The notification of a decision on the allowance or amount of credit for conveyance of land or construction of improvements is received.

(3)

Receipt of a determination of a rebate application.

Failure to request a hearing within the time provided shall constitute a waiver of review rights.

(d)

The request for hearing shall be filed according to the procedures identified in section 1.7.5, Appeals to the Hearing Officer of the Marion County Land Development Code and shall contain at a minimum:

(1)

The name and address of the applicant or owner;

(2)

The legal description of the property in question;

(3)

A summary of the facts relied upon by the applicant as the basis of the appeal.

(e)

Appeal of the hearing officer's decision is available to the property owner and the county and shall be by common law certiorari to the circuit court subject to the Florida Rules of Appellate Procedure and shall be filed within the timeframe identified in section 1.7.5 of the Marion County Land Development Code.

(f)

No applicant shall be deemed to have exhausted his or her administrative remedies for the purpose of seeking judicial review, unless the party first obtains a review by the hearing officer as provided herein.

(g)

The application fee for appeals to the hearing officer shall be eight hundred dollars ($800.00), and shall be paid when the applicant files his request to a review hearing with the zoning director. If the total fees paid to the hearing officer for issuance of the hearing officer's final order on review is less than eight hundred dollars ($800.00), the county will provide a rebate of the excess application fee to the applicant.

(Ord. No. 15-14, § 1, 9-1-2015)