(A) If, in the opinion of any user, the ERU or ENRU assigned to the user's real estate tax parcel is inaccurate in light of the number of dwellings or amount of impervious area on the property, the user shall have the right to contest the ERU or ENRU determination and thus the storm water user fees assessed in accordance with the provisions contained in this section.
(B) The user shall obtain and complete a petition to appeal storm water assessment form which shall be filed with the Town Clerk-Treasurer with verifiable documentation supporting the user's claim. To be timely for any current year storm water user fee assessment, a petition to appeal must be filed no later than the date on which the storm water user fees shall be due and payable. The Town Clerk-Treasurer shall refer the petition to appeal to the Town Council.
(C) The water and sewer utility shall investigate the user's claim and, upon review thereof, shall render a written determination that either the original ERU or ENRU determination and assessment should be affirmed or that the user's rate should be adjusted and how much the adjustment should be.
(D) The determination made by the water and sewer utility shall be forwarded to the user by certified mail, return receipt requested. The user shall have 15 days from date of receipt to request reconsideration if dissatisfied with the decision from the water and sewer utility. Any additional facts concerning the dispute shall be reduced to writing and submitted, along with a copy of the original petition and supporting documents, to the Town Council. The water and sewer utility shall submit a written report of the determination in the case, along with any documents used, in denying the user's claim or in recommending an adjustment.
(E) Thereafter, the Town Council shall review all documentation and conduct an informal hearing to determine and resolve the dispute based upon the documentation which shall be binding upon the water and sewer utility and the user. The hearing shall be recorded and the minutes of the heaving provided upon request at a cost per page as determined by the Clerk-Treasurer, which rate shall be amended from time to time.
(F) Any user aggrieved by the final Town Council determination shall have the right to judicial review of such determination in accordance with Indiana law.
(G) If a user's storm water assessment is reduced or eliminated by the water and sewer utility, the Town Council, or court of law, the user shall be refunded accordingly for any overpayment made from the earlier of the date the storm water user fee assessment was paid or was due and payable.
(H) A dispute or appeal of an ERU or ENRU determination for storm water assessment shall not be a valid reason for non-payment of the originally assessed storm water user fee.
(Ord. 2016-6, passed 10-4-16)