An applicant may appeal the decision of the Director of Public Works to the city’s Construction Board of Appeals within 30 days after the date of the Director of Public Works’ response. The Director of Public Works shall provide the petition form to the utility customer.
(A) The petition must be accompanied with a $25 fee that will be used to partially defray the costs incurred in connection with the administration of petitions filed pursuant to this section.
(B) The Construction Board of Appeals shall hear the petition to determine if the annual stormwater management utility fee does not apportion the fee with approximate equality, based upon a reasonable basis of classification and with due regard to the benefits conferred by providing stormwater management services to the utility customer and the requirements of public health, safety or welfare. The determination of the annual fee by the Construction Board of Adjustment and Appeals is entitled to a presumption of correctness, and the petitioner has the burden of rebutting the presumption of correctness.
(C) The Construction Board of Adjustment and Appeals shall render a written decision on each petition that is heard, and such written decision shall be issued within 20 calendar days from the day the Board heard the petition. The decision of the Construction Board of Adjustment and Appeals shall contain findings of fact and conclusions of law and the decision shall be sent to the petitioner by first class mail.
(D) The decision of the Construction Board of Appeals shall be final unless the petitioner appeals the decision to the Circuit Court in Charleston County within 30 days after the date of the decision of the Construction Board of Appeals. Prior to bringing an action to contest an annual fee, the petitioner shall pay to the City Treasurer not less than the amount of the annual fee which he or she admits in good faith is due and owing. Payment of the fee shall not be deemed an admission that the annual fee was correct and shall not prejudice the petitioner in bringing an action as provided herein.
(Ord. 23-07, passed 9-25-07)