§ 53.39  GRIEVANCE PROCEDURE.
   (A)   Storm water users may petition the Utilities Service Board for an adjustment if sufficient cause exists to believe the impervious surface area measurements were determined erroneously.  The petitioner must not be delinquent in the storm water user fees and must file the petition within three months of receiving the storm water user fee billing in question.  The petitioner shall state in writing why it is believed an adjustment is justified and shall include any supporting evidence, clearly defined, with the petition.  The Utilities Service Board-appointed reviewer shall examine the petition and any submitted documentation, make a determination as to whether the petitioner is entitled to an adjustment of the storm water user fee and notify the petitioner in writing of the decision and the basis of the decision within 60 days.  The reviewer may grant, deny or modify the adjustment requested in the petition.  If it is determined that the petitioner is entitled to an adjustment of the user fees, the adjustments will be made in the form of a credit against future storm water user fees.
   (B)   The petitioner may appeal the reviewer's decision to the Utilities Service Board provided the Board has received written notice of the appeal from the petitioner within 30 days of the reviewer's determination.  The Board shall notify the petitioner of the time and place of the hearing on the appeal. The hearing shall be recorded by audiotape.  The Utilities Service Board will make a determination as to whether the petitioner is entitled to an adjustment of the storm water user fee and notify the petitioner in writing within 30 days of the appeal hearing.  The Utilities Service Board may grant, deny, or modify the adjustment requested in the petition.
(Ord. 2006-16, passed 7-26-06)