(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)