(a) Any responsible party who receives an invoice for assessable costs shall have the opportunity to meet with the City Manager, or his or her designee, to request modification of the assessable costs. The responsible party shall request such a meeting in writing within seven calendar days of the date of the invoice assessing the costs.
(b) If after the meeting with the City Manager or his or her designee the responsible party contests the assessed charges; he or she may request an opportunity to appear before City Council to further request a modification of the assessable costs. A responsible party who desires to appear before City Council must first meet with the City Manager or his or her designee, as provided above, and shall file a written request to appear before City Council with the City Clerk within seven calendar days of the meeting with the City Manager.
(c) Upon receipt of a request to appear before City Council, the City Clerk will place the challenge to the assessed cost on the agenda of the next regularly-scheduled City Council meeting, as long as there are at least 14 calendar days after the date on which the responsible party files the request to appear.
(d) The filed request to appear before City Council shall specifically identify and explain all reasons why the responsible party believes the assessed costs should be modified. The responsible party has the burden of proving by a preponderance of relevant facts that the determination is erroneous in whole or in part. Any reasoning, basis or argument for modification of assessable costs not set forth in the request to appear before City Council shall be deemed waived by the responsible party. Failure to timely file a written request to appear before City Council shall constitute a waiver of the responsible party’s right to appear before City Council and shall further constitute the responsible party's agreement to pay the assessable costs invoiced.
(e) Once the responsible party has been given the opportunity to appear before it, City Council shall, within a reasonable time, affirm, reverse, or modify all or a portion of the payment of the assessable costs invoiced. Failure of the responsible party to appear before City Council on the appeal shall constitute a waiver of that party’s objections to the assessable costs. The decision of City Council shall be final.
(Res. 2012-132A. Passed 5-7-12. Eff. 5-16-12.)