(A) Bills or statements for the stormwater utility user fee shall be rendered monthly, in accordance with the regular New Palestine sewer utility billing cycle for all properties subject to this fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for the sewer utility. Any partial payment of a combined utility bill shall be applied first to the stormwater utility user fee. Any unpaid stormwater utility user fees shall constitute a lien on such property and shall be on a parity with the lien of state, county and municipal taxes. Such lien, when delinquent for more than 30 days, may be foreclosed by the town in the manner provided by the laws of Indiana for the foreclosure of mortgages on real property.
(B) For properties normally receiving monthly utility bills for other town services, the stormwater utility user fee shall be included in the monthly bill rendered to the established owner/customer.
(C) For properties not receiving monthly utility bills for other town services, the bill or statement for the stormwater utility user fee shall be sent to the stormwater utility user as determined from the tax rolls.
(D) The owner of a property is ultimately responsible for all fees imposed under this subchapter.
(E) Requests for adjustment of the stormwater utility user fee shall be submitted through the authorized official, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of category and classifications as herein defined. No credit shall be given for the installation of facilities required by the town or county development codes or state stormwater rules other than set out in § 33.121(B)(2)(a) and (b). The following procedures shall apply to all adjustment requests of the stormwater utility user fee:
(1) Any owner who has paid his or her stormwater utility user fees and who believes the ERU component of his or her stormwater utility user fee to be incorrect may, subject to the limitations set forth in this subchapter, submit an adjustment request to the authorized official.
(2) Request for adjustment of stormwater utility user fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater utility user fee is imposed will be reviewed by the authorized official within a four-month period from the date of filing of the adjustment request, Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the authorized official including, but not limited to, facts, opinions or professional services to substantiate his or her case.
(5) Adjustments to the stormwater utility user fee will be made by the utility billing personnel upon the granting of the adjustment request in writing, by the authorized official. Denials of adjustment requests shall be made in writing by the authorized official.
(F) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial. The Board shall complete its review within 60 days of receipt of said request for appeal. The Board's determination on the appeal shall be m writing and set forth in detail the reason for its decision. In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein. All determinations of the Board arising out of this section shall be final.
(Ord. 042016B, passed 5-18-2016)