(A) Nonresidential property owners may petition the Town Council through a request submitted to the Town Office for a stormwater user fee billing adjustment if the property classification, namely residential or nonresidential, assigned to the property is inaccurate, if sufficient cause exists to believe the property’s ERU was determined erroneously or if alteration to the property has been made which might be expected to have changed the property’s ERU determination. One appeal will be allowed per property owner or per property alteration. The petitioner must not be delinquent and must file the petition within 90 days of receiving the stormwater user fee bill in question in order to have fees in that bill subject to adjustment. Bills prior to 90 days before the filing of a petition are not subject to adjustment. The petitioner shall state in writing why it is believed that an adjustment is justified and shall include any supporting evidence, clearly defined, with the petition.
(B) The Council’s 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 ERU determination and notify the petitioner in writing of the decision and the basis for 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 ERU determination, then the adjustment will be made in the form of a credit against future stormwater user fees.
(C) The petitioner may appeal the reviewer’s decision to the Council provided that the Council has received written notice of the appeal from the petitioner within 30 days of the reviewer’s determination. The Council shall notify the petitioner of the time and place of the hearing on the appeal. The Council will make a determination as to whether the petitioner is entitled to an adjustment of the ERU determination and notify the petitioner in writing within 30 days of the appeal hearing. The Council 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 ERU determination, then the adjustment will be made in the form of a credit against future stormwater user fees.
(Ord. 2017-8, passed 11-7-2017)