(A) Written appeal. If a property owner or person responsible for paying the stormwater utility fee believes that a particular assigned fee is incorrect, such person may request, in writing, that the fee be recomputed. Such request shall be made within 30 days of the mailing of the billing in question, and shall immediately be addressed by appropriate city staff. If the property owner is not in agreement with the determination of the fee by the city staff, he or she may appeal the determination in writing by making a request for a hearing to the Stormwater Utility Board of Appeals within 14 days of the staff’s determination. The City Council shall act as the Stormwater Utility Board of Appeals.
(B) Hearing. A hearing before the Board of Appeals shall be scheduled to occur within 45 days of receiving the property owner’s request for a hearing. Notice of the hearing must be served on the property owner at least 14 days in advance unless a shorter time is accepted by all parties. Service of the notice shall be by first class mail and will be complete upon mailing. The property owner shall have the burden of proving that the stormwater utility fee for his or her property is incorrect. The decision of the Board of Appeals is final without any further right of appeal. The property owner may obtain judicial review of the decision of the Board of Appeals by proceeding pursuant to a writ of certiorari in the appropriate court.
(Ord. 113, passed 2-28-05)