Any customer aggrieved by a final assessment of the provisions of this chapter may appeal the decision in following manner and sequence.
(A) An appeal must be filed in writing with the City Manager (or designee). At the discretion of the city, the appeal may require a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area, and any other features or conditions that influence the hydrologic response of the property to rainfall events.
(B) Using information provided by the appellant, a Technical Committee comprised of the Public Works Director and two (2) other persons appointed by the City Manager shall conduct a technical review of the conditions on the property and respond to the appeal in writing within thirty (30) days. In response to an appeal, the Public Works Director or designee may adjust the stormwater service charge applicable to the property in conformance with the general purposes and intent of this chapter.
(C) A decision of the Technical Committee that is adverse to an appellant may be further appealed to the City Manager within thirty (30) days of the adverse decision. Notice of the appeal shall be delivered to the City Manager by the appellant, stating the grounds for further appeal. The City Manager shall issue a written decision on the appeal within thirty (30) days. All decisions by the City Manager shall be served on the customer personally or by registered or certified mail, sent to the billing address of the customer. All decisions of the City Manager shall be final, except that this provision shall not abridge the right of any person to seek relief in a court of competent jurisdiction.
(D) No person shall be subject to penalties until ten (10) days after notice of denial of appeal or until after judgment of a competent jurisdiction upholding such denial.
(Ord. 18-10, passed 6-11-2018)