(a) The City of Massillon Stormwater District Review and Appeals Board is hereby established. Said Board shall consist of five (5) members; The City Engineer and the Director of Public Service and Safety. The other two (3) members shall consist of electors of the City appointed by the Mayor and approved by City Council. Appointed members may be removed by the Mayor with the approval of a vote of two-thirds (2/3) of the members of City Council. The term of office for appointed members of said Board shall be two (2) years. Should a vacancy occur on the Board, the remaining portion of the unexpired term shall be filled by the Mayor and approved by City Council.
(b) The Board is authorized to hear appeals regarding disputes and complaints brought by owners and nonowners concerning application of this chapter, including the authority to make adjustments as appropriate to provide relief from a strict application of the provisions of this chapter due to unique circumstances which reduce the burden of operating, constructing, repairing and maintaining the stormwater utility system and the structures and devices related thereto, while accomplishing the intent of this chapter, as follows:
(1) Calculation of the total number of building units assigned to a property that are claimed to be inaccurate due to alleged inaccuracies in data utilized by the billing staff.
(2) Adjustment to or credit against billing units assigned to a property which wholly or partially drains directly outside the City limits.
(3) Adjustments to or credits against billing units assigned to properties containing stormwater detention or retention facilities providing on-site management of stormwater prior to discharge to the public stormwater system.
(4) Adjustments arising from a break in billing units due to change in property ownership, account responsibility or similar matters.
(5) Any other adjustments or credits against billing services assigned to properties which diminish the quantity of stormwater handled by the stormwater utility system or reduce the cost to the City of constructing, operating and maintaining said system, such as a property owner's agreement to install oversize storm sewer pipes at its own cost, which provides stormwater drainage for other properties, obligations assumed by an owner to maintain and repair storm sewer lines which are a part of the City's stormwater utility system, providing stormwater retention of detention facilities designed and installed to detain or retain stormwater originating from other properties.
(c) Any appeal must be filed in writing, must describe the specific error alleged, and contain the resolution of said dispute which the appealing party feels is correct. Said Board may request additional information from either the appealing party or the City. The decision of said Board shall be final. (Ord. 95-2010. Passed 11-1-10.)