(A) If, in the opinion of any user, the ERU multiple assigned to his property is inaccurate in light of the amount of impervious area of said property, the user shall have the right to contest the ERU determination and thus the rate assessed in the following manner.
(B) User shall obtain and complete a petition to appeal stormwater rate form (petition) which shall be returned to the DSM with verifiable documentation supporting user's claim.
(C) The DSM shall investigate user's claim and, upon review thereof, shall render a written determination that either the original ERU determination and assessed rate should be affirmed or the user's rate should be adjusted according to the petition.
(D) If user's petition is denied, said opinion shall be forwarded to user by certified mail, return receipt requested. User shall then have seven days from date of receipt to request a reconsideration by the Director. 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 Director. The DSM shall submit a written report of the determination in the case, along with any documents used in denying the user's claim.
(E) Thereafter, the Director, or his designee, shall review all documentation and conduct, as necessary in his opinion, an informal hearing to determine and resolve the dispute based on the documentation submitted and any oral testimony. A written opinion shall be rendered within 30 days after the hearing or submission of documentation if no hearing is conducted. The written opinion of the Director of his designee shall constitute the final DSM determination, and may be challenged by the user by a written request to the Board for formal consideration within 15 days of the Director's opinion.
(F) The Board shall conduct a hearing and issue a determination which shall be binding on the city utilities. The hearing shall be electronically recorded and a transcript of the hearing provided upon request at a cost per page as determined by the City Utilities Accounting Department and amended from time to time.
(G) A party or person aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with state law.
(H) If the DSM recommends the user's rate be reduced, or reduction is ordered by the Director, Board or court of law, user shall be credited accordingly for any overpayment made from the date of the petition.
(I) Dispute or appeal of an ERU determination for stormwater service rate shall not be a valid reason for non-payment of the originally assessed stormwater service charge by the user.
(Ord. G-11-07, passed 4-10-07)