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§ 12.5-344 APPEAL.
   (a)   Subject to the restrictions set forth in this section, any customer/owner who believes the calculation or determination of the drainage utility fee assessed against them to be incorrect may appeal the fees to the director; and the director shall evaluate the appeal based on the methodologies for calculating the drainage utility fee set forth in this Division 4.
   (b)   The appeal shall be in writing and set forth, in detail, the relief sought, the grounds upon which relief is sought and whether the petitioner requests a hearing on its appeal.
   (c)   The appeal shall be filed with such director within 15 business days of the customer/owner receiving the billing statement from the city. The billing statement shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
   (d)   Failure to submit a timely written appeal for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews on such billing statement.
   (e)   The customer/owner requesting an adjustment may be required, at the customer/owner’s cost, to provide supplemental information to the director, including but not limited to survey data approved by a Texas licensed professional land surveyor, engineering reports approved by a Texas licensed professional engineer, or other documentation the director deems necessary. Failure to provide requested information in a timely manner may result in the denial of the adjustment request.
   (f)   Within a reasonable time of the submittal of an appeal, the director shall either grant the petition and modify the drainage utility fee assessed; deny the petition if no adjustment is warranted; or a hearing is deemed necessary by the director, set a hearing on the petition for appeal.
(Ord. 16782, § 1, passed 1-24-2006)