(A) Disputes regarding the administration of drainage system shall be determined, in the first instance, by the city's Public Works Director. Any person disputing the decision of the Public Works Director may appeal the decision of the Public Works Director to the City Manager by compliance with the following procedures:
(1) The disputing party must deliver a written notice of appeal to the City Manager and the Public Works Director within ten days of the date of the decision by the Public Works Director. The notice must specify the decision appealed from and the reason the disputing party believes the decision is incorrect. The city may develop forms for use in such appeals and, if such forms have been developed, then the disputing party must use those forms in prosecuting their appeal.
(2) The City Manager shall sustain the decision of the Public Works Director if there is substantial evidence to support the
decision. The City Manager may reverse or modify the decision of the Public Works Director if the City Manager determines:
(a) That the decision of the Public Works Director does not comply with this chapter or the Municipal Drainage Utility Systems Act, as amended; or
(b) That an error was made with regard to the category of land development, the area of imperviousness of the land development or the size of the developed property; or
(c) That the property is unimproved and therefore not subject to the stormwater drainage utility system fee.
(B) The City Manager shall render a written decision on such appeals within 30 days after receiving a written notice of appeal from the land owner. All such decisions by the City Manager shall be final.
(Ord. 735, passed 9-17-07; Am. Ord. 822, passed 9-17-12)