In the event that a stormwater utility customer/user determines that the ERU multiple assigned to said user’s real property is incorrect for any reason, said stormwater utility customer/user shall have the right to appeal the ERU determination and thus the rate assessed in the following manner:
(A) The stormwater utility customer/user shall obtain and complete a petition to appeal storm water rate form (“petition”), which shall be returned to the Clerk-Treasurer with verifiable documentation supporting the appeal.
(B) The Director shall investigate the appeal and, upon review thereof, shall render a written determination to the Board and the stormwater utility customer/user that either the original ERU determination and assessed rate should be affirmed or the stormwater utility user fee should be adjusted in accordance with the petition.
(C) In the event that a petition to appeal is denied, said determination shall be forwarded to the stormwater utility customer/user by certified mail, return receipt requested. The stormwater utility customer/user shall then have 30 days from the date of receipt of said determination to request a reconsideration by the Board. Any additional facts concerning the appeal shall be submitted in writing to the DSM, along with a copy of the original petition and supporting documents, to the Board. The Director shall submit a written report of the determination in the case, along with any documents used in denying the appeal.
(D) Thereafter, the Board shall review all documentation and, if requested in writing by the stormwater utility customer/user, conduct a hearing to determine and resolve the appeal. Such hearing will be scheduled by the DSM and the stormwater utility customer/user will be notified by certified mail of the date of such hearing, which notice shall be received by the stormwater utility customer/user at least seven days prior to the date of such hearing. A written opinion shall be rendered within 45 days after the hearing or submission of documentation if no hearing is conducted. The written opinion of the Board shall constitute the final DSM determination. The hearing shall be electronically recorded and if requested by the stormwater utility customer/user, a transcript of the hearing shall be provided to the stormwater utility customer/user. The stormwater utility customer/user will be charged at a cost per page as determined by the Board, in accordance with applicable law, as amended from time to time.
(E) A stormwater utility customer/user aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with applicable Indiana law.
(F) If the Director recommends the stormwater utility user fee be reduced, or reduction is ordered by the Director, the Board or any court of competent jurisdiction, the stormwater utility customer/user shall be credited accordingly for any overpayment made from the date of the petition.
(G) Dispute or appeal of an ERU determination or stormwater service rate shall not be a valid reason for non-payment of the originally assessed storm water utility user fee by the stormwater utility customer/user.
(Ord. 1002, passed 6-5-07)