A. In order to obtain a building permit, any applicant shall pay the sewer connection charge imposed by this chapter under protest and file for a review by the director, followed by the option to appeal to the hearing examiner. No building permit shall be issued until the sewer connection charge at issue has been paid.

Alternatively, any applicant may file for a review by the director, followed by the option to appeal to the hearing examiner, without first paying the sewer connection charge, provided the applicant is willing to postpone issuance of the building permit until after the appeal process when the final amount of the sewer connection charge is known.

B. Reviews by the director and appeals regarding the sewer connection charge imposed on any development activity may only be filed by the applicant for the development activity at issue.

C. Before an appeal can be filed, the applicant must first file a request for review by the director specifying the grounds thereof, as provided herein:

D. Following the determination issued by the director, the applicant may elect to appeal the director’s decision to the hearing examiner. Any determinations which the director is authorized to make pursuant to this chapter may be appealed to the hearing examiner.

E. Appeals to the hearing examiner must be filed within 14 calendar days of the director’s issuance of a written determination by filing a letter of appeal with the public works department specifying the grounds thereof, and depositing the necessary appeal fee as set forth by Chapter 3.104 LMC. The failure to timely file an appeal shall constitute a final bar to later seek such review. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

F. The city shall fix a time for the hearing of the appeal and give notice to the parties in interest. In those cases, where the proposed development activity may require a public hearing under the authority of other chapters of the LMC, the hearings may be combined. At the hearing, any party may appear in person or by agent or attorney.

G. The hearing examiner is authorized to make findings of fact regarding the applicability of the sewer connection charge to an applicant’s development activity, the availability or amount of the credit, or the accuracy or applicability of an independent charge calculation. The hearing examiner’s determination shall be final unless appealed to the superior court of Snohomish County in accordance with law within 21 days after issuance of the decision of the hearing examiner.

H. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the sewer connection charge imposed. (Ord. 3286 § 2, 2018)