A.    A party may protest the fee in accordance with Government Code Section 66020. Government Code Section 66020 requires that any ninety days after the imposition of the fees. The city shall provide the project applicant at the time of the approval of the project or at the time of the imposition of fees, a written statement of the amount of the fees and notification that the ninety-day approval period during which the applicant may protest has commenced.

    B.    A valid protest of the imposition of fees requires:

    1.    Tendering payment of the fees or satisfactory evidence of arrangements to pay the fee when due; and

    2.     Serving written notice that the required payment is tendered or will be tendered when due and a statement informing the governing body of the factual elements of the dispute and the legal theory forming the basis of the protest.

    C.    The filing of valid protest is a prerequisite to the filing of an action to attack, review, set aside, void, or annul the imposition of the fee. The action must be filed within one hundred-eighty days after delivery of the notice of the amount of the fees and that the ninety day approval period in which the applicant may protest has begun. After that one hundred-eighty day period, all persons are barred from any action or proceeding to or any defense of invalidity or unreasonableness of the imposition of the fees. (Ord. 591 (part), 2001)