(A) A person aggrieved by a decision required or permitted to be made by the City Administrator under this subchapter may appeal the decision to the City Council in accordance with this section.
(B) To initiate an appeal, the aggrieved responsible person shall file with the City Recorder a written notice of appeal together with a written statement listing how the City erred, including any supporting documentation to justify the appeal.
(C) The City Council shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within 35 days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the City Council may request the applicant provide additional information.
(D) The City Council shall file a report within 90 days of the date the appeal was filed explaining the disposition of the appeal, along with the rationale and supporting documentation for the decision reached.
(E) When a responsible party disputes an interpretation given by the City as to a property’s classification or the responsible party’s liability for the fee, if the appeal is successful, relief will be reassignment to a more appropriate billing category. In such instances, a refund of fees to the responsible party will be limited to any overpayment, retroactive to the filing date of the appeal. In deciding such an appeal, factors to be taken into consideration include, but are not limited to, availability of more accurate information; equity relative to billing classifications assigned to other developments of a similar nature; changed circumstances; and situations uniquely affecting the party filing the appeal.
(Ord. 656, passed 7-3-2018)