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(a) The director shall administer this Division 4.
(b) The director shall promulgate rules necessary to administer this Division 4.
(c) The director may take into consideration those high occupancy residential/non-residential properties on which stormwater runoff management techniques are being used and may grant credits on their monthly billings for such techniques.
(Ord. 16782, § 1, passed 1-24-2006; Ord. 26205-06-2023, § 3, passed 6-13-2023)
(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)
(a) If a hearing is deemed necessary by the director, then the director shall set a hearing to determine if an adjustment should be made to the drainage utility fee assessed to the customer/owner.
(b) Written notice of the hearing shall be served on the petitioner at least 15 days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.
(c) Notice shall specify the date, time and place of the hearing.
(d) Notice shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
(e) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(f) Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the drainage utility fee is not applicable, that the petitioner’s property is exempt from the charge, that the drainage utility fee was calculated incorrectly or that the determination of the value of the drainage utility fee was not calculated according to the applicable drainage utility fee schedule or the guidelines established in this Division 4.
(g) The director shall act as the hearing officer.
(h) After the conclusion of the hearing, the director shall make written findings and shall issue a written decision without undue delay.
(i) The decision of the director shall be final.
(Ord. 16782, § 1, passed 1-24-2006)
The following entities or persons shall be exempt from this Division 4:
(a) Any property to which a mandatory exemption under Tex. Local Government Code Chapter 552.053 applies, including without limitation:
(1) Property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the city;
(2) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; and
(3) A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has issued, or the municipality has taken another official action to release the property for occupancy.
(b) Any property to which a mandatory exemption under Tex. Local Government Code Chapter 580.003 applies, including without limitation:
(1) A state agency; and
(2) A public institution of higher education.
(Ord. 16782, § 1, passed 1-24-2006)
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