(A) Non-residential storm water users may petition the Brownsburg Town Council for an adjustment if sufficient cause exists to believe the ERUs were determined erroneously, or if alteration to the property has been made. One appeal will be allowed per property owner or per property alteration. The petitioner must not be delinquent in the storm water user fees and must file the petition within three (3) months of receiving the storm water user fee billing in question. The petitioner shall state in writing why it is believed in adjustment is justified and shall include any supporting evidence, clearly defined, with the petition. The Town Council's appointed reviewer shall examine the petition and any submitted documentation, make a determination as to whether the petitioner is entitled to an adjustment of the ERU determination and notify the petitioner in writing of the decision and the basis of the decision within sixty (60) days. The reviewer may grant, deny or modify the adjustment requested in the petition. If it is determined that the petitioner is entitled to an adjustment of the ERU determination, the adjustments will be made in the form of a credit against future storm water user fees.
(B) The petitioner may appeal the reviewer's decision to the Town Council provided the Council has received written notice of the appeal from the petitioner within thirty (30) days of the reviewer's determination. The Council shall notify the petitioner of the time and place of the hearing on the appeal. The hearing shall be recorded my audiotape. The Town Council will make a determination as to whether the petitioner is entitled to an adjustment of the ERU determination and notify the petitioner in writing within thirty (30) days of the appeal hearing. The Town Council may grant, deny, or modify the adjustment requested in the petition.
(Ord. 2006-28, passed 11-16-06)