Any owner of a property assessed a storm water user fee under Section 925.26(b) disagreeing with the calculation of the property's ERU may appeal such determination.
(a) Any appeal must be filed in writing with the City Manager and shall include all necessary documents as described a survey, all structures or improvements, total property area, impervious area, drainage structures, drainage patterns and any features that contain/retain/detain storm runoff on their own property, and diminish the quantity of storm water handled by the City, as appropriate. The City Manager may request additional information from the appealing party. Based upon the information provide by the utility and appealing party, the City Manager shall notify the parties, in writing, of the City Manger's decision.
(b) If dissatisfied with the City Manager's decision pursuant to subsection (a) hereof, a property owner(s) may request, in writing as per Section 925.35, within thirty (30) days a review and hearing by the Storm Water Commission. In the event that a property owner is appealing the storm water user fee under Section 925.26(b), such request shall cite specific error(s) by the City Manager and the ERU calculation which the party feels is correct. The Commission shall follow the procedures articulated in Sections 925.33 through 925.35 for the review of an appeal of a user fee.
(c) The Storm Water Commission may request additional information from the property owner and/or the City Manager. The Storm Water Commission shall hold a hearing within thirty (30) days of the filing of the appeal and make a ruling within thirty (30) days from the close of the hearing. A simple majority of the Commission shall be sufficient to uphold or amend the decision of the City Manager, and the Commission shall enter a written decision.
(Ord. 2003-07. Passed 1-28-03.)