(A) Customers who believe their park services fee, as applied to their premises, is not within the intent of this chapter may request, in writing, a review of their park services fee by the Finance Director. If so requested, the Finance Director shall determine whether the park services fee under review meets the impact and benefit assumptions set forth in § 40.01 and that the fee charged is fair given the impact of, or benefit to, the owner, residents or users of the property in question.
(1) If a customer's charge is reduced as a result of this review, the corrected park services fee shall begin with the next billing and a credit or refund shall be made retroactively, not to exceed 1 year from the last billing.
(2) If a customer's charge is increased as a result of this review, the corrected park services fee shall begin with the next billing and the customer may be billed for the increase retroactively, not to exceed one year from the last billing.
(B) If an existing customer has not been billed for the park services fee when it should have been and the omission comes to the Finance Director's attention, the park services fee shall begin with the next billing, and the customer may be billed retroactively, not to exceed 1 year.
(C) Customers not satisfied with the results of the Finance Director's review may appeal the Finance Director's decision to the Banks City Council, which shall determine, by a preponderance of the evidence, whether the Finance Director's decision should be upheld, reversed, or upheld in part and reversed in part. A notice of appeal must be in writing and physically delivered to the Finance Director no later than 14 calendar days from the date of the Finance Director's decision. The hearing before the Banks City Council shall be conducted no later than 30 days after the date the city receives the appeal notice, unless a different date is stipulated by the city and the customer, or good cause is shown for setting the matter over. Testimony at the hearing shall be taken upon oath or affirmation of the witnesses. The City Council shall consider only the matters set forth in the notice of appeal. The findings and decision of the City Council shall be served upon the customer by first class mail within 10 days after the hearing concludes. The City Council's decision shall be effective 10 days following the date of the decision and shall be the city's final decision, subject to review only by O.R.S. 34.010 to 34.100, which shall be the customer's sole remedy.
(D) The Finance Director may write-off closed accounts and retroactive bills if it is in the best interest of the city and may write off refunds, unless the customer requests otherwise, if the cost of making the refund would exceed the amount of the refund.
(Ord. 2019-11-01, passed 2-11-2020)