(A) Any owner who disputes any interpretation given by the City as to the category of use assigned to such owners property pursuant to this subchapter may request a review and appeal such interpretation but only in accordance with this section. The dispute must first be presented to the Engineer for review and thereafter may be appealed to the City Council in accordance with this section. Failure to appeal an interpretation made under this subchapter within the time and in the manner provided shall be sufficient cause to deny the relief requested. Except in cases of hardship as determined by the City Council, disputes which result in changes in the street maintenance fee charged under this subchapter shall become effective with the next billing cycle.
(B) A utility customer may request a review of the category of use assigned. The Engineer shall conduct the review considering all relevant evidence presented by the responsible person related to his, her, or their actual trip generation patterns. Such evidence may include business records, parking lot usage, or traffic studies. The Engineer shall make a determination based on the evidence provided and provide notice to the customer.
(C) A responsible person who wishes to dispute an interpretation made by the Engineer as to the assigned category of use under this subchapter shall submit a written appeal to the City Administrator within ten days from the date of notice of the Engineer’s determination, under division (B) above, together with a filing fee in the amount of $300. The application for appeal shall specify the reasons therefor and include an engineering study prepared by a licensed professional engineer in conformance with the methodology outlined in the ITE manual. Appeals shall be limited to the issue of whether the appropriate category of use has been assigned to the property.
(D) The City Administrator shall schedule the matter for City Council review and notify the appellant not less than ten days prior to the date of such Council review. The Council shall conduct a hearing during a public meeting and determine whether there is substantial evidence in the record to support the interpretation given by the Engineer. The Council may continue the hearing for purposes of gathering additional information bearing on the issue. The Council shall make a tentative oral decision and shall adopt a final written decision together with appropriate findings in support. The decision of Council with respects to the category of use shall be limited to whether the appellant has been assigned to the appropriate category of use. If the Council should determine that a different category of use should be assigned, it shall so order, provide no refund of prior street maintenance fees shall be given. The filing fee on the appeal is non-refundable. The Council decision shall be final.
(Ord. 624, passed 2-2-2011)