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A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal submitted under protest shall be permitted unless and until the impact fees at issue have been paid. Alternatively, any feepayer may appeal the impact fees determined by the director without first paying the fees, providing the applicant is willing to provide a satisfactory security of the appealed fee amount in accordance with the requirements of ACC 17.14.010(A) prior to issuance of the building permit. Alternatively, any feepayer may appeal the impact fees determined by the director without first paying the fees, providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the revised final fee is known.

B. 

1. Appeals of director decisions under this chapter shall be filed with the city’s public works department and heard by the city’s hearing examiner pursuant to Chapter 2.46 ACC. Appeals to the hearing examiner shall be based on whether the decision being appealed was consistent with applicable state law and city codes.

2. The hearing examiner’s determination shall be final unless appealed to the superior court for the county in which the property subject to the transportation impact fees is located. Appeals to superior court shall comply with RCW 34.05.510 through 34.05.598, and shall be filed with the city clerk within 30 days after issuance of the hearing examiner’s determination. (Ord. 6792 § 1 (Exh. A), 2020; Ord. 6341 § 3, 2011; Ord. 6182 § 5, 2008; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)