(A) If, in the opinion of any user, the ERU 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 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 county MS4 operator 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 spring installment of user fees shall be due and payable. The county MS4 operator shall refer the petition to the Advisory Board for the Greater Elkhart County MS4.
(C) The Advisory Board shall investigate the user’s claim and, upon review thereof, shall render a written determination that either the original ERU 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 Advisory Board 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 Advisory Board. 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 county MS4 operator. The county MS4 operator shall refer the matter to the Board of the County Department of Storm Water Management. The Advisory Board 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 Board of the County Department of Storm Water Management shall review all documentation and conduct an informal hearing to determine and resolve the dispute based upon the documentation submitted and any oral testimony. The Board shall issue a determination which shall be binding upon the County Department of Storm Water Management and the user. The hearing shall be recorded and the minutes of the hearing provided upon request at a cost per page as determined by the Secretary for the Board which rate shall be amended from time to time.
(F) Any user aggrieved by the final Board determination shall have the right to judicial review of the determination in accordance with state law.
(G) If a user’s storm water assessment is reduced or eliminated by the Advisory Board, the Board of the County Department of Storm Water Management, 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 determination for storm water assessment shall not be a valid reason for non-payment of the originally assessed storm water user fee.
(Ord. 2010-01, passed 9-27-2010)