19.06.050 - APPEALS
A. A TIF determination may be appealed to the Public Works Director in writing describing the alleged defect of the TIF determination within 10 days of the appellant being notified of the TIF determination. B. The Public Works Director’s decision under this section may be appealed to the Bellingham Hearing Examiner for resolution pursuant to BMC Chapter 2.56 by filing a written request for hearing with the Hearing Examiner, with a copy to Public Works, within 10 days of the Public Works Director’s decision. C. Only the following determinations may be appealed pursuant to this section and the provisions of this ordinance shall be presumed valid: 1. TIF rate. 2. Total number of peak hour project trips. 3. Interpretation of the ITE Trip Generation Manual. 4. Reduction of the TIF rate. D. The appellant shall have the burden of producing and presenting technical evidence that clearly shows the basis and substantiation of the appeal upon submittal. E. The Public Works Director and the Hearing Examiner shall have authority to affirm, modify or reverse the determination upon appeal. The TIF may be modified upon a finding that the original determination was erroneous or when, due to unique circumstances of the development, the TIF as determined by this ordinance imposes upon the development more than its fair pro rata share of the cost of facilities in the Six-Year Transportation Improvement Program. F. A TIF may be paid under protest in order to obtain a permit or approval of development activity. [Ord. 2006-11-106; Ord. 2006-03-021]
