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7B <br /> Page 27 <br /> B. An appeal may be filed from tha following determinations of the <br /> Ad m in istrator: <br /> 1. The applicability or amount of the impact tees caicufated pursuant to Section <br /> 18.259; <br /> 2. Calcufation of a credit, disappraval of a credit, or disapprava( of an exemption <br /> pursuant to Sections 18.258 and 18.263; <br /> 3. Any other determination, which #he Administrator is autharized to make under <br /> this Article. <br /> C. An appeal sha{I be in writing and shall be accompanied with the appea! <br /> fee established by the Council priar ta the issuance of a building permit or other <br /> en±;tlement for the development to which the ap�ea! p�rtai�s. The written app�a! shall <br /> set forth the grounds for the appeal and contain technical information and specific <br /> supporking data to the extent applicab(e to the defiermination to be made in the appeal. <br /> D. The filing fee for appeals shall be the same as that fior appeais from <br /> determinations of the Zoning Adminisfira#or under the Zoning Ordinance (Ord. No. 113Q, <br /> as amended). <br /> E. The Counci! shall hear the appeal within sixty (60) days of the date of <br /> fiiing, at which hearing the Administrator shall submit to the Council: <br /> 1. The written appeaf and any supporting in�Formation submitted by the appellant; <br /> _ <br /> _ _ _ _ _ _ _ <br /> 2. The Administrator`s determination and the record upon which it is based; and <br /> 3. The Administrator`s analysis of the information and materiais submitted by the <br /> Applicant on the appeal af Impact Fees paid. <br /> '[8.263 Exemptions <br /> The provisions ofi this chapfier shall not apply to any Development that is exempt from <br /> the Impact Fee by virtue of the Constitutions of the Uni#ed States or California or by <br /> virtue of other applicable state or federal law. The amount af the fee calculated <br /> pursuant to this Section shail not excesd that permitted by applicable law. <br /> 18.264 Violations—Penalties <br /> Any persan, corporation, or other business entity violating or causing the violation of any <br /> of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction <br /> thereof, shall be punishable in accordance with Section 1_7A of this Code. <br /> Notwithstanding, the foregoing, the pravisions of this Article may also be enforced by <br /> legal or equitable action, or both such actions, all such remedies being cumulative. <br /> ATTYlORD/ORd.288 <br /> 090507 <br />