(A) Any user who has paid drainage charges and who believes the calculation or determination of the drainage charge to be incorrect may, subject to the restrictions set forth an this subchapter, submit an adjustment request to the Director of Public Works. Requests for adjustment of drainage charges paid by the user making the request shall be in writing and set forth in detail the grounds upon which relief is sought.
(1) Adjustment requests made during the first fiscal year that the drainage charge is imposed will be reviewed by the Director of Public Works within four months from the date of receipt of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings, but shall not exceed one year.
(2) Adjustment requests made after the first fiscal year that the drainage charge is imposed will be reviewed by the Director of Public Works within 30 days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective, but may be made retroactive for no more than three months prior to the receipt of the request, at the discretion of the Director of Public Works.
(3) The user requesting an adjustment may be required, at the user's own cost, to provide supplemental information to the Director of Public Works, including, but not limited to, survey data approved by a Texas registered professional land surveyor, or detailed development plan approved by the city. Failure to timely provide requested information may result in the denial of the adjustment request.
(4) The only basis for an adjustment shall be an error in the calculation or determination of the drainage charge applicable to the subject lot or tract. Without limiting the generality of the foregoing sentence, no drainage charge credit shall be given for the installation of facilities otherwise required by law.
(5) Adjustments to the drainage charge will be made upon the granting of the adjustment request, in writing, by the Director of Public Works. Denials of adjustment requests shall be made in writing by the Director of Public Works. Any request for an adjustment not granted within the time required by this section shall be deemed denied on the first business day following the expiration of the period specified for review of the request.
(B) Within 30 days of denial of an adjustment request, the user who initially requested the adjustment may apply to the City Manager for review of the denial.
(1) The City Manager shall complete this review within 60 days of receipt of the request for review, and the review shall be deemed denied if no other determination is made with this time. The City Manager's determination on the review shall be in writing and set forth in detail the reasons for the decision.
(2) In reviewing denial of adjustment requests, the City Manager, exclusive of his or her designee, shall apply the standards and review criteria contained in this section.
(3) All findings and determinations made by the City Manager arising out of this section will be final.
(Ord. 2002-16, passed 9-24-02)