Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:
(A) An appeal must be filed in writing with the Village Manager or his or her designee stating the basis of the appeal. At the discretion of the Village Manager, the appeal shall include information displaying the total property area, the impervious surface area, and any information that is pertinent to the appellant's case.
(B) A technical review shall be performed to determine the accuracy of the information in the village's impervious surface master account file. The Village Manager may adjust the fee or credit the account as long as the adjustment is in conformance with the intent of this chapter. At the conclusion of the review, the Village Manager shall issue a written determination stating whether an adjustment to the stormwater billing is appropriate, and if so, the amount of such adjustment. Decisions by the Village Manager should be concluded within 60 days of receipt of appeal.
(C) Adjustments to fees already paid will be refunded through a check which will be mailed to the offended party no later than 30 days following the approved adjustment. Interest will not be paid by the village on refunds or overpayments.
(D) No adjustments will be made for more than the two-year period immediately preceding the date that the customer's appeal is received by the Village Manager.
(E) All decisions of the Village Manager shall be served on the customer personally or by registered or certified mail. Service shall be based upon the billing address of the customer as listed in the Forsyth County tax records or other verifiable document.
(F) Appeals will only be eligible when received by the village within two calendar years of the applicable payment due date. Example: Fiscal year 2005-2006 stormwater bills, mailed in September, are due and payable no later than January 5, 2006. Appeals resulting from this bill must be received no later than January 5, 2008.
(G) Results of appeal requests shall be reported to the elected Village Council.
(H) Appeals of the Village Manager's decision shall be brought to the elected Village Council by the aggrieved party by written request. The request must be received by the Village of Clemmons within 60 days of receipt of notice concerning the Village Manager's decision. A decision by the elected Village Council shall be rendered within 60 days of receipt of the appeal, unless delayed by conditions out of their control. All decisions of the Village Council shall be final.
(Ord. 2005-04, passed 4-25-05)