A. Adjustments To Measured Impervious And Parcel Areas: A property owner may submit to the director site and building surveys or other documentation which the property owner believes more accurately describes the impervious area or total area of a parcel.
B. Appeals To Director:
1. Whenever the property owner appeals to the director in writing that all or part of any billing, including determination of the impervious area or the granting or denying of a credit, is in dispute, the director shall investigate the dispute promptly and completely, advise the property owner of the results of the investigation and attempt to resolve the dispute.
2. The director may request the property owner to provide survey, measurements, or other supporting material as may be necessary for completion of the review of the appeal in a timely manner.
3. Within thirty (30) days of the appeal, written notice of the decision of the director shall be sent by first class mail to the appellant.
4. If the director determines that a credit or an adjustment to the billing is warranted, the director shall grant a credit or adjustment to the aggrieved party's stormwater utility charge. The credit or adjustment shall apply to the next quarterly utility billing if the director's decision occurs at least thirty (30) days prior to the next quarterly billing date. All credit or adjustment decisions occurring within thirty (30) days of the next quarterly billing date will be applied to the subsequent utility billing date.
C. Appeals To Plan Commission: Any person who objects to any determination or decision of the director may appeal to the plan commission.
1. A written notice of appeal shall be filed with the city clerk within thirty (30) days of the date of the director's determination or decision appealed from. Failure to appeal the director's determination or decision within the thirty (30) day time period shall deprive the plan commission of jurisdiction to hear the appeal.
2. The notice of appeal shall state the determination or decision of the director being appealed.
3. The city administrator shall schedule the appeal for a formal hearing by the plan commission at a meeting, open to the public, within thirty (30) days of the filing of the notice of appeal. The city shall send notice of the time scheduled for the consideration of the appeal to the appellant at least ten (10) days prior to the hearing.
4. Within thirty (30) days of the appeal hearing, the plan commission, by majority vote, shall affirm, modify, or reverse the determination or decision of the director. Notice of the decision of the plan commission shall be sent to the appellant by first class mail. All decisions of the plan commission shall be final.
5. If a decision or determination of the director is reversed or modified, the plan commission shall grant a credit or adjustment to the aggrieved party's stormwater utility charges. The credit or adjustment shall apply to the next quarterly utility billing if the plan commission's decision occurs at least thirty (30) days prior to the next quarterly billing date. All plan commission credit or adjustment decisions occurring within thirty (30) days of the next quarterly billing date will be applied to the subsequent utility billing date.
D. Condition Precedent To Appeal; Payment Of Utility Charges: As a condition precedent to any appeal pursuant to either subsections B and C of this section, a property owner must have paid in full all stormwater utility charges billed by the city. (Ord. 2007-14, 11-5-2007)