If a stormwater utility customer/user determines that the user fee assigned to said user’s real property is incorrect due to an error in the properties classification code, said stormwater utility customer/user shall have the right to appeal.
(A) The stormwater utility customer/user shall complete a petition to appeal stormwater assessment form (“petition”), which shall be returned to the City of Hammond Department of Storm Water Management Director with documentation supporting the appeal.
(B) The director shall consider the grounds for the appeal and, upon review thereof, shall render a written determination to the board and the stormwater utility customer/user that either the original user fee determination should be affirmed or the stormwater utility user fee should be adjusted on the grounds in the petition. The director’s determination shall be made within 20 days of the filing of a petition to appeal.
(C) The determination shall be forwarded to the stormwater utility customer/user by certified mail, return receipt requested. The stormwater utility customer/user shall then have 30 days from the date of mailing of the determination to request reconsideration by the Board. Any additional facts concerning the appeal shall be submitted in writing to the Hammond Department of Storm Water Management, along with a copy of the original petition and supporting documents, to the Board. The Director shall submit a written report of the determination in the case, along with any documents used in ruling on the appeal.
(D) Thereafter, the Board shall review all documentation and, if requested in writing by the stormwater utility customer/user in its appeal petition, conduct a hearing to determine and resolve the appeal. Such hearing will be scheduled by the Hammond Department of Storm Water Management and the stormwater utility customer/user will be notified by certified mail of the date of such hearing, which notice shall be received by the stormwater utility customer/user at least 7 days prior to the date of such hearing. A written opinion shall be rendered within 45 days after the hearing or submission of documentation if no hearing is conducted. The written opinion of the Stormwater Management Board shall constitute the final City of Hammond determination. The hearing shall be electronically recorded and if requested by the stormwater utility customer/user, a transcript of the hearing shall be provided to the stormwater utility customer/user. The stormwater utility customer/user will be charged at a cost per page as determined by the Board, in accordance with applicable law as amended from time to time.
(E) A stormwater utility customer/user aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with applicable Indiana law. Any judicial review must be filed within 30 days of the Board’s determination.
(F) If the Director recommends the stormwater utility user fee assessment be reduced, or reduction is ordered by the Director, the board, or any court of competent jurisdiction, the stormwater utility customer/user shall be credited accordingly for any overpayment made from the date of the petition.
(G) Dispute or appeal of a user fee determination shall not be a valid reason for nonpayment of the originally assessed stormwater utility user fee by the stormwater utility customer/user. The board will refund to the user any overpayments made on user fee assessments that are reduced via the appeal process.
(Ord. 9262, passed 9-22-2014)