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OR BK 11052 PG 238 Page 14 of 16 <br />the funds have been encumbered and expended pursuant to the terms of this chapter. For purposes <br />of this section, non -commencement means either notice to the city of intent not to commence <br />development or the date of expiration or revocation of a building permit. Refunds shall be made <br />in accordance with division (A) of this section, provided that the present owner petitions the City <br />Council for the refund within 90 days from the date of non -commencement. However, an <br />administrative process fee of $500 or 15% of the applicable impact fee, whichever is less, shall be <br />retained by the city. <br />(C) If no claim is made within the time period prescribed by this section for the money <br />eligible for refund, then said money shall be returned to the appropriate trust fund and shall be <br />utilized for the purposes described above. For the purpose of refunds under this section, monies <br />collected shall be deemed to be spent or encumbered for the expenditure on the assumption that <br />the first money placed in the trust fund shall be the first money taken out of the fund when <br />withdrawals are made. <br />§ 155.17 APPEALS. <br />(A) A person who is required to pay an impact fee pursuant to this chapter shall have the <br />right to request an appeal hearing before the City Council. <br />(B) Such appeal hearing shall be limited to the following: <br />(1) the City Manager's determination on the appropriate land use category for <br />the proposed use pursuant to § 155.08(B); <br />(2) the City Manager's determination on the applicability of an exemption for <br />the proposed use pursuant to § 155.11; <br />(3) the City Manager's denial of a credit application pursuant to § 155.13; or <br />(4) the City Manager's denial of an application for a refund pursuant to § 155.16 <br />(C) Except as otherwise provided in this chapter, a person shall request such appeal <br />hearing within 30 days of the denial of an exemption or credit, whichever is applicable. <br />(D) Failure to request an appeal hearing within the time provided shall be deemed a <br />waiver of such right. <br />(E) The request for an appeal hearing shall be filed with the Council through the City <br />Manager. The request shall contain the following: <br />(1) The name and address of the applicant or successor in interest; <br />(2) The legal description of the property in question; <br />(3) A statement of the reasons why the hearing is requested and supported by <br />documentation and exhibits with regard to the basis for the appeal; and <br />(4) A filing fee of $250 or as amended by resolution by City Council from time <br />to time. <br />(F) Upon receipt of such request, the City Manager shall schedule an appeal hearing as a <br />department matter before the Council at a regularly scheduled meeting or a special meeting called <br />for the purpose of conducting such hearing and shall provide the person written notice of the time <br />and place of the hearing. The appeal hearing shall be held within 60 days of the date that the request <br />for such hearing was properly filed. <br />(G) Such hearing shall be conducted in a manner designed to obtain all information. and <br />evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not <br />be applicable; however, the appeal hearing shall be conducted in a fair and impartial manner with <br />Page 1.4 of 16 <br />309963320 <br />