1. An owner or occupant of a townhome, multi-unit residential property or mixed-use residential property aggrieved by the initial or any subsequent calculation of the number of dwelling units upon or in such property, calculation of the storm water utility fee, or allocation of such fee among the occupants, may appeal such calculations and allocation to the City. Upon such appeal, the storm water utility fee for such property may be recalculated utilizing information supplied by the appealing owner or occupant, provided such information is verified as correct by the director.
2. An owner or occupant of nonresidential property aggrieved by the initial or any subsequent determination of the total impervious area of such property, calculation of storm water utility fee for such property, or allocation of such fee among the occupants, may appeal such calculations and allocation to the director. Upon such appeal, the storm water utility fee for such property may be recalculated utilizing information supplied by the appealing owner or occupant, provided such information is verified by the director.
3. Any adjustment of the storm water utility fee resulting from such appeal shall be retroactive to the date the appeal was filed.
4. Appeals by the owners or occupants of property subject to the storm water utility fee shall include a statement of the number of dwelling units, total property area, and/or total impervious area, as appropriate for the particular grounds for appeal. Such information may be shown on the storm water utility reporting forms or on appeal forms, and may be accompanied by plats, county assessor’s records, or survey data. The director may request additional information from the appealing party. Based upon the information provided by the utility and appealing party, the director shall make a final calculation of the storm water utility fee. The director shall notify the appealing party, in writing, of the director’s decision within ninety (90) days after receipt of the appeal. If still aggrieved, a party may request, in writing, a review by the City Administrator of the director’s decision. Such request must be filed with the City Clerk within thirty (30) days after the director’s decision, shall cite the specific error by the director, and shall include the calculation of the storm water utility fee which the appealing party believes to be correct. The City Administrator shall review the record presented and render a written decision within thirty (30) days after receipt of the request for review. The City Administrator may request additional information from the director or the appealing party Any property owner aggrieved by the decision of the City Administrator may appeal to the County district court by action filed within thirty (30) days of the mailing of the ruling of the City Administrator to the address of the property owner, occupant or occupant organization as shown on the review request or on the records of the City with respect to the appeal. The filing of an appeal shall not excuse the payment of the storm water utility fee when due. However, the City shall refund any portion of the fee paid subsequent to the filing of an appeal which is adjudged to be excessive, with interest at the rate provided by law.
(Ord. 2023-29 – Jan. 24 Supp.)