19.06.050 Appeals.
A. A multimodal TIF determination may be appealed to the public works director in writing describing the alleged defect of the multimodal TIF determination within 10 days of the appellant being notified of the multimodal TIF determination.
B. The public works director’s decision under this section may be appealed to the Bellingham hearing examiner for resolution pursuant to Chapter 2.56 BMC 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 chapter shall be presumed valid:
1. Multimodal TIF rate applied to development project, based on date of permit application.
2. Total number of p.m. peak hour person trips.
3. Interpretation of the multimodal TIF rate schedule.
4. Reduction of the multimodal 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 multimodal TIF may be modified upon a finding that the original determination was erroneous or when, due to unique circumstances of the development, the multimodal TIF as determined by this chapter imposes upon the development more than its fair pro rata share of the cost of multimodal transportation facilities in the six-year transportation improvement program.
F. A multimodal TIF may be paid under protest in order to obtain a permit or approval of development activity. [Ord. 2018-12-029 § 4; Ord. 2006-11-106; Ord. 2006-03-021].