§ 130-115. Relief procedures.

(a)

Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within 60 days of the request. If the city council determines that the duty is required, pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.

(b)

The city council may grant a variance or waiver from any requirement of this article, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would when regarded as a whole result in confiscation of the property.

(c)

If the city council grants a variance or waiver to the amount of the impact fee due for a new development under this section, it may cause to be appropriated from other city funds the amount of the reduction in the impact fee to the account, for the roadway benefit area, in which the property is located.

(Code 1982, § 37-93; Ord. No. 2000-03-20, § 1, 3-7-2000; Ord. No. 2001-08-091, § 1(3.13), 8-21-2001; Ord. No. 2003-05-055, § 1, 5-20-2003; Ord. No. 2003-07-062, § 1, 7-15-2003; Ord. No. 2005-11-116, § 1, 11-1-2005)