17B-1-121. Limit on fees — Requirement to itemize and account for fees — Appeals.
(1)
A special district may not impose or collect:
Terms Used In Utah Code 17B-1-121
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
an application fee that exceeds the reasonable cost of processing the application; or
(b)
an inspection or review fee that exceeds the reasonable cost of performing an inspection or review.
(2)
(a)
Upon request by a service applicant who is charged a fee or an owner of residential property upon which a fee is imposed, a special district shall provide a statement of each itemized fee and calculation method for each fee.
(b)
If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for a statement of each itemized fee no later than 30 days after the day on which the applicant or owner pays the fee, the special district shall, no later than 10 days after the day on which the request is received, provide or commit to provide within a specific time:
(i)
for each fee, any studies, reports, or methods relied upon by the special district to create the calculation method described in Subsection (2)(a);
(ii)
an accounting of each fee paid;
(iii)
how each fee will be distributed by the special district; and
(iv)
information on filing a fee appeal through the process described in Subsection (2)(c).
(c)
(i)
A special district shall establish an impartial fee appeal process to determine whether a fee reflects only the reasonable estimated cost of delivering the service for which the fee was paid.
(ii)
A party to a fee appeal described in Subsection (2)(c)(i) may petition for judicial review of the special district’s final decision.
(3)
A special district may not impose on or collect from a public agency a fee associated with the public agency’s development of the public agency’s land other than:
