§ 58.09  ADJUSTMENT AND CREDIT APPLICABLE TO STORMWATER MANAGEMENT SERVICE CHARGE.
   (A)   Adjustment due to error or oversight. Request for adjustment of the stormwater service charge shall be submitted to the City in accordance with the policy adopted by City Council. Adjustments can also be made by the City should the City identify an error or oversight as long as the City notifies the customer in advance of the adjustment. Adjustments may be requested for errors or omissions on the customer's stormwater service charge. All requests shall be judged on the basis of the number of dwelling units or amount of impervious area on the property.
   (B)   Credits.
      (1)   The City may provide a system of credits to reduce stormwater management service charges for properties on which stormwater control measures substantially mitigates the peak discharge or runoff pollution flowing from such properties or  substantially decreases the City's cost of maintaining the stormwater management system. The Engineering Department will develop written policies to implement the credit system. No credit will be authorized until the City Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the Engineering Department. The City's policies may make credits retroactive to the date stormwater management service charges were initiated. Any bill charges requiring adjustments must be applied through the utility billing system but no credit will be granted for more than one (1) past year. Credits cannot exceed the stormwater utility charge for the customer. Nothing shall prevent the City Council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
      (2)   Each credit allowed against the stormwater management service charge is conditioned on the continuing operation and functioning of the stormwater control measure as designed; credited stormwater control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards.
      (3)   Each credit for which a customer applies shall be subject to review and approval by the Director of Engineering or his designee. The Director of Engineering may approve or reject any application for a credit in whole or in part.
      (4)   Credits shall only be applied to developed lands containing the credited stormwater control measure. For developments with common property containing credited stormwater control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the stormwater management service charge are made pursuant to § 58.07(E).
(Ord. O-2008-46, passed 11-18-08)