If, in the opinion of any user, the ERU multiple assigned to his or her property is inaccurate in light of the amount of impervious surface area found on the property or the property classification assigned to his or her property is inaccurate, the user shall have the right to contest the ERU determination and thus the rate assessed in the following manner:
(A) User shall obtain and complete a petition to appeal storm water rate and return it to the DSM with verifiable documentation supporting the user’s claim.
(B) The DSM shall investigate the user’s claim and, upon review thereof, shall render a written determination within 30 days that either the original ERU determination and assessed rate shall be affirmed or the user’s rate should be adjusted.
(C) If the user’s petition is denied, said opinion shall be forwarded to the user by certified mail, return receipt requested. A determination of amount of adjustment shall be forwarded to the user by certified mail, return receipt requested, in cases where an adjustment is given. User shall then have 14 days from the receipt of the opinion or determination to request reconsideration by the Board.
(D) If a request for reconsideration by the Board is received, it shall be placed on the Board’s agenda for formal consideration within 30 days. The user and the DSM shall have the opportunity to submit additional written documentation in support of each position prior to the meeting. The Board shall conduct a hearing on the disputed issue and issue a determination which shall be binding on the DSM. The hearing shall be electronically recorded and a transcript of the hearing provided upon request at a cost per page as determined by the Town Clerk-Treasurer as amended from time to time.
(E) A party or person aggrieved by the final Board determination shall have the right to judicial review of the determination in accordance with state law.
(F) If the DSM recommends that the user’s rate be reduced, or reduction is ordered by the Board or court of law, user shall be credited accordingly for any overpayment made from the date of the petition.
(G) Dispute or appeal of an ERU determination for storm water service rate or credit application shall not be a valid reason for non-payment of the originally assessed storm water service charge by the user.
(Ord. 2013-9, passed 11-12-13; Am. Ord. 2014-3, passed 2-10-14)