(A) The amount of impervious area subject to the user fees shall be determined by the Storm Water Management Board. The Board may make proper allowances in determining the impervious area allocable to a user and may round the total amount of impervious area to always result in one of the rate categories.
(B) If, in the opinion of any user, the amount of impervious area and related rate category attributable to such user is inaccurate, the user shall have the right to contest said calculation in the following manner.
(1) The user shall obtain and complete a petition to appeal the amount of impervious area and related rate category which shall be returned to the Director of Utilities with a copy of a survey or other verifiable documentation supporting the user’s claim.
(2) Upon review of the user’s claim, the Director of Utilities shall render a written determination that either the original calculation should be affirmed or the user should be assigned a new rate category. The Director of Utilities determination is subject to review by the Storm Water Management Board.
(3) If the user receives a new rate category which is lower than the original amount assigned to the user, the user shall be credited accordingly for any overpayment made from the date the original rate category calculation was implemented; provided, however, that such credit shall not exceed the overpayment for a period which extends beyond the immediately preceding 12 calendar months. The credit shall apply to future service provided to the user until the overpayment has been fully satisfied. If the user’s petition is denied, the opinion shall be forwarded to the user by certified mail, return receipt requested. The user shall then have seven days from date of receipt to request a reconsideration by the Storm Water Management Board. The user shall submit a copy of the original petition and supporting documents to the Storm Water Management Board and any additional facts concerning the dispute. The Director of Utilities shall submit a copy of the determination denying the user’s claim, along with any supporting documents. Thereafter, the Storm Water Management Board shall designate a hearing officer who shall conduct, as soon as practicable, an informal hearing to determine and resolve the dispute based upon the documentation submitted and oral testimony of the user. The hearing officer shall render a written decision at the close of the hearing or within 30 days thereafter. The determination by such hearing officer shall constitute the final administrative determination and shall be binding on both parties. The hearing shall be electronically recorded.
(4) A party or person aggrieved by the final administrative determination shall have the right to a judicial review of such determination in accordance with the provisions of the Indiana Administrative Adjudication Act.
(5) Dispute or appeal of the amount of impervious area and rate category attributable to a user shall not be a valid reason for non-payment of the user fees.
(`77 Code, § 57.04) (Am. Ord. 1999-3, passed 2-15-99)