If a storm water utility customer/user determines that the user fee assigned to said user’s real property is incorrect due to an error in the properties’ classification code, said storm water utility customer/user shall have the right to appeal.
(A) The storm water utility customer/user shall complete a petition to appeal storm water assessment form (“petition”), copies of which are available at the storm water utility’s administrative office, which, after being fully completed, shall be returned to the Storm Water Utility Director together with any documentation supporting the appeal.
(B) The Director shall consider the grounds for the appeal and, upon review thereof, shall render a written determination to the Board and the storm water utility customer/user that either the original user fee determination should be affirmed or the storm water utility user fee should be adjusted on the grounds stated in the petition. The Director’s determination shall be made within 20 days of the filing of a petition to appeal.
(C) Said determination shall be forwarded to the storm water utility customer/user by certified mail, return receipt requested. The storm water utility customer/user shall then have 30 days from the date of mailing of said determination to request reconsideration of the Director’s decision by the Board. Any additional facts concerning the appeal shall be submitted in writing to the Board, along with a copy of the original petition and supporting documents. The Director shall submit a written report to the Board regarding the reasons for the Director’s determination in the case, along with any documents used in ruling on the appeal.
(D) Thereafter, the Board shall review all documentation and, if requested in writing by the storm water utility customer/user in its appeal petition, conduct a hearing to determine and resolve the appeal. Such hearing will be scheduled by the Board and the storm water utility customer/user will be notified by certified mail of the date of such hearing, which notice shall be received by the storm water utility customer/user at least seven days prior to the date of such hearing. Whether or not a hearing is held, a written opinion shall be rendered by the Board within 45 days after the hearing or submission of documentation if no hearing is conducted. The written opinion of the Board shall constitute the final determination of the town. The hearing before the Board shall be electronically recorded and, if requested by the storm water utility customer/user, a transcript of the hearing shall be provided to the storm water utility customer/user. The storm water utility customer/user will be charged a cost per page as from time to time determined by the Board in accordance with applicable law as amended from time to time.
(E) A storm water utility customer/user aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with applicable Indiana law. Any judicial review must be filed with a court of competent jurisdiction within 30 days of the date of the Board’s determination.
(F) If a reduction is ordered by the Board or any court of competent jurisdiction, the storm water utility customer/user shall be credited accordingly for any overpayment made from the date of the petition.
(G) Dispute or appeal of a user fee determination shall not be a valid reason for non-payment of the originally assessed storm water utility user fee by the storm water utility customer/user. The Board will refund to the user any overpayments made on user fee assessments that are reduced via the appeal process.
(Ord. 2019-10, passed 5-28-19)