(A) The petition must be accompanied with a $50 fee that will be used to partially defray the costs incurred in connection with the administration of petitions filed pursuant to this section.
(B) The Charleston County Construction Board of Adjustment and Appeals shall hear the petition to determine if the annual Stormwater Management Utility fee does not apportion the fee with approximate equality, based upon a reasonable basis of classification and with due regard to the benefits conferred by providing stormwater management services to the Utility customer and the requirements of public health, safety or welfare. The determination of the annual fee by the Town Council is entitled to a presumption of correctness, and the petitioner has the burden of rebutting the presumption of correctness.
(C) The Charleston County Construction Board of Adjustment and Appeals shall render a written decision on each petition that is heard, and such written decision shall be issued within 20 calendar days from the day the Board heard the petition. The decision of the Charleston County Construction Board of Adjustment and Appeals shall contain findings of fact and conclusions of law, and the decision shall be sent to the petitioner by first class mail.
(D) The decision of the Charleston County Construction Board of Adjustment and Appeals shall be final unless the petitioner appeals the decision to the circuit court in the county within 30 days after the date of the decision of the Charleston County Construction Board of Adjustment and Appeals. Prior to bringing an action to contest an annual fee, the petitioner shall pay to the Finance Officer not less than the amount of the annual fee which he or she admits in good faith is owing. Payment of the fee shall not be deemed an admission that the annual fee was due and shall not prejudice the petitioner in bringing an action as provided herein.
(Ord. 2012-18, passed 11-15-2012; Ord. 2018-15, passed 12-20-2018)