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<br /> -5- <br /> plumbing permit, the service units shall be derived as in <br /> section 30-48. <br /> (b) An applicant may pay an impact fee under protest and <br /> appeal the amount of the fee as provided in this section. <br /> Upon payment of the impact fee under protest, the building <br /> and plumbing permits shall be issued as if no appeal were <br /> taken. If upon final hearing and determination of the <br /> appealed matter by the city council it is found that the <br /> party overpaid, the party will be refunded the amount <br /> overpaid. If the party underpaid the deficiency will be due <br /> to the city the (10) days after final determination and <br /> notice of the amount of deficiency. No certificate of <br /> occupancy shall be issued until payment of the deficiency. <br /> (c) An applicant for a building or plumbing permit, or the <br /> owner of the property, has the right to appeal the amount of <br /> an impact fee to the city council, by delivery of written <br /> notice at least five (5) working days before the next council <br /> meeting to the city secretary, if the grounds for such appeal <br /> are: <br /> (1) The use designation of the structure pursuant to <br /> Section 30-44 or Section 30-47; or <br /> ( 2) The numerical considerations or determinations of <br /> the SU factors used in computing the impact fee <br /> pursuant to Section 30-45 or Section 30-47. <br /> The appeal shall be heard by the city council at its next <br /> regular meeting. The person appealing may present evidence <br /> directly relevant and material to the grounds for the <br /> appeal. The council, after hearing the appeal, may amend, <br /> recalculate or approve the impact fee previously derived. <br /> Sec. 30-48. Impact fee for new sewage use fraa existing <br /> custO8lerS. <br /> (a) When the public works director determines a customer has <br /> constructed a new structure on property served by the city's <br /> sewage system without having by law to request a building or <br /> plumbing permit, then the public works director shall notify <br /> the customer in writing that a capital recovery fee will be <br /> derived and charged to the customer as follows: <br /> ( 1) The impact fee will be based on the difference <br /> between sewage usage for the twelve-month period <br /> following notification and the twelve-month period <br /> preceding notification. <br /> (2) After notification, the director will maintain <br /> records for the twelve-month period following <br /> notification and the twelve-month period preceding <br /> notification. <br /> ( 3) The fee will be derived using the following formula. <br /> Service units = (gallons of sewage in following <br /> twelve-month period minus gallons of sewage in preceding <br /> twelve-month period) divided by 109,500 <br /> Amount of impact fee = IF times service units. <br /> (4) An initial impact fee will be charged to the <br /> customer at the time of the notification. The amount of <br /> the initial impact fee will be based on an estimate of <br /> anticipated sewage usage derived by the director of <br /> public works using available information. After a <br /> twelve-month period has expired, a revised impact fee <br /> bill will be derived based on the formula specified in <br /> subsection (a) (3) of this section. If the customer <br /> overpaid, the amount overpaid will be refunded. If the <br /> customer underpaid, any deficiency will be due to the <br />