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A. Drainage System Utility Fee: The city may establish a system of periodic utility fees and charges proportionate to the costs of providing services to a property in accordance with the costs of the operation and maintenance of the city's system, including administrative, regulation, and enforcement costs and for any redemption of bonds that are used to finance any system improvement.
B. Fee Established By Resolution: The fee authorized by this chapter will be set by resolution of the city council.
C. Basis Of Fee: The fee authorized by this chapter will be based on the service a drainage system utility customer receives. Such service shall be determined by the contribution of stormwater runoff into the drainage system. Contribution to the system will be determined by stormwater runoff from any impervious surface area on the property that drains into the city's drainage system.
D. Exemption From Fee: Properties that retain all stormwater runoff on site or that do not receive any drainage services from the system are exempt from the fee authorized by this chapter.
E. Additional Development Of Property: The utility will recalculate the fee for each property, including reviewing whether the property is exempt, each time additional development occurs on the property that would either increase or decrease the amount of the fee. The recalculation of the fee will be triggered by application for a building or site development permit.
F. Request To Recalculate Fee: A person subject to the drainage system fee who believes that a particular assigned fee is based on an incorrect calculation, that the subject property does not receive any drainage services from the system or is included in an incorrect fee zone or category, may submit a written request that the utility recalculate the fee within thirty (30) days after the fee is established or increased. The request must identify the basis for disagreement with the assessed fee and be accompanied by relevant supporting documentation. The utility shall recalculate the fee and notify the requestor, in writing, no later than thirty (30) calendar days following receipt of the completed written request for recalculation whether the fee will be adjusted.
G. Appeal Of Fee Recalculation: A person dissatisfied with the utility's recalculation of their fee allowed under subsection F of this section may appeal the utility's determination to the city council by submitting a written appeal to the city clerk within thirty (30) calendar days after the utility issues its decision. The request must identify the error(s) committed by the utility in recalculating the fee and any other basis for claim of incorrect calculation and be accompanied by relevant supporting documentation. The city council will not hold a public hearing on the appeal but will meet and review all submitted information during a properly noticed public meeting and make a determination on the appeal. A final written decision from the council will be issued by the city council no later than thirty (30) calendar days following receipt of the completed written request for recalculation unless the appellant agrees to an extension.
H. Refund Of Overpayment: The city will refund any drainage system fee overpayment within thirty (30) calendar days if either the utility or the city council determines that a drainage system fee was improperly calculated as allowed by this section. (Ord. 3455, 2012)