(A) Requests for adjustment of the stormwater utility fee shall be submitted by the Director, who shall be given the authority to administer the procedures and standards, and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or the need for additional/enhanced stormwater facilities. No credit shall be given for the installation of facilities required by any agencies having jurisdiction for stormwater management. The following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his stormwater utility fees and who believes the impervious area determination to be incorrect may, subject to the limitations set forth in this subchapter, submit an adjustment request to the Director.
(2) Requests for adjustment of stormwater utility fees shall be in writing, and shall set forth, in detail, the grounds upon which relief is sought, and shall be filed with the Director.
(3) Adjustment requests. Upon a determination of a valid request, the City will make the appropriate abatement or deduction for a maximum of 12 months prior to receipt of the adjustment request or the date the error was discovered, whichever is earlier.
(4) The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data and engineering reports, performed by either a registered professional land surveyor (R.P.L.S) currently registered in the state or a professional engineer (P.E.) currently registered in the state of Florida. Failure to provide such information may result in the denial of the adjustment request.
(5) Adjustments to the stormwater utility fee will be made upon the granting of the adjustment request, in writing, by the Director. Denials of adjustment requests shall be made in writing, by the Director.
(B) The Director or his designee shall prepare an administrative policy which sets forth an appeal procedure to be followed by an owner whose request for adjustment is denied. Such procedure shall be designed so that an owner may receive timely review of a denial of adjustment and shall provide for a final appeal of an adverse determination to the City Commission.
(C) When billing errors are discovered with the exercise of due diligence and the event of error was on the part of the City in the making of any charge or in the amount thereof, the City will make the appropriate adjustment for up to 12 months prior to the date the error was discovered.
(Ord. O-93-52, passed 10-20-93; Am. Ord. O-2019-19, passed 9-18-19)