§ 58.11  APPEALS.
   Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:
   (A)   An appeal must be filed in writing with the Director of Engineering. At the discretion of the Director of Engineering, the appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to the stormwater events.
   (B)   Using the information provided, the Director of Engineering shall conduct a technical review pursuant to good engineering practices. The Director of Engineering may adjust the stormwater service management charge so long as the adjustment is in conformance with the general purpose and intent of this chapter. The Director of Engineering may take the appeal to the Environment and Water Resources Committee for their review and/or comment. At the conclusion of the review, the Director of Engineering shall issue a written determination stating whether an adjustment to the stormwater management charge is appropriate, and if so, the percentage of such adjustment. Any approved adjustments must be communicated in writing to the appropriate utility billing staff.
   (C)   An appeal may be taken from any decision of the Director of Engineering which is adverse to the customer by giving notice of appeal to the Board of Adjustment within thirty (30) days after service of the Director of Engineering's written decision on the customer. Notice of appeal shall be given by the customer by delivery of a written statement to the Board of Adjustment stating the grounds for the appeal and providing the Board of Adjustment with a copy of the written decision of the Director of Engineering. The Director of Engineering shall transmit to the Board of Adjustment and the customer all documents constituting the record upon which the Director of Engineering's decision was made.
   (D)   All decisions of the Director of Engineering and Board of Adjustment shall be served on the customer personally or by registered or certified mail. Mailing shall be based upon the billing address of the customer.
   (E)   When an appeal is from a decision authorizing an adjustment to the customer's bill, the Director of Engineering's decision shall remain in effect until and unless reversed or otherwise modified. No adjustment to a customer's bill shall be made which is for more than the one-year period immediately preceding the date that the customer's request is first received by the City.
(Ord. O-2008-46, passed 11-18-08; Am. Ord. O-2011-05, passed 4-5-11)