§ 10-444. Review hearings.

(a)

An applicant or owner who is required to pay a educational system impact fee pursuant to section 10-431 herein, shall have the right to request a review hearing as provided in Marion County Code Section 10-280.

(b)

Such hearing shall include but not be limited to the review of the following:

(1)

The application of the educational system impact fee pursuant to section 10-431 herein.

(2)

Denial of an alternative educational system impact fee pursuant to section 10-434 herein.

(3)

Denial of an exemption pursuant to section 10-441 herein.

(4)

Any dispute concerning an application for credits pursuant to section 10-443 herein.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within thirty (30) days of written notice of the event sought to be reviewed.

(d)

The request for hearing shall be filed according to the procedures identified in Article 10.7, 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 Article 10.7, Appeals to the Hearing Officer, [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 for 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 then eight hundred dollars ($800.00), the county will provide a rebate of the excess application fee to the applicant.

(h)

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a certificate of occupancy or if a permit has been issued without the payment of the educational system impact fee, shall pay prior to or at the time the request for hearing is filed the applicable educational system impact fee pursuant to section 10-431 herein. Said payment shall be deemed paid under protest and shall not be construed as a waiver of any review rights.

(i)

An applicant or owner may request a hearing under this section without paying the applicable educational system impact fee but no certificate of occupancy shall be issued until such educational system impact fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(Ord. No. 06-23, § 3.04, 7-18-06)