(A) Any non-single family residential customer may file an appeal within 30 days of the date of the bill. However, submittal of such a request does not extend the period for payment. The appeal must be in writing, addressed to the City Manager and set out a brief explanation as to why the person believes the amount of the billing is in error or is otherwise improper.
(B) An appeal of the service charge may be granted by the City Manager when one or more of the following conditions is shown to exist:
(1) The amount charged is arithmetically in error;
(2) The parcel is non-residential and the actual trips generated by that parcel, as established by a licensed traffic engineer would result in inclusion in a group characterized by a different average daily trip estimate used in the city’s determination of the charge;
(3) The parcel exists in an unimproved condition with no allowable human activities or human-made improvements that generate trips to or from the parcel; and/or
(4) As approved by the City Manager on an individual basis, individual utility accounts may receive a 50% reduction if there are no car/no drivers residing on the parcel and there is proper documentation.
(C) The Manager’s decision on the appeal is to be made within 60 days of the date of the filing of the appeal unless the Manager believes additional time may be necessary to effect his or her review. The applicant shall be notified in writing of the Manager’s decision. While an appeal is pending before the Manager, no lien shall attach to a parcel for the disputed amount.
(D) If an appeal is granted resulting in a reduction of the service charge, the applicant shall be refunded the amount overpaid in the current calendar year.
(E) If the City Manager determines the property has been undercharged, then either an amended billing shall be issued which reflects the increase in service charge, or the undercharged amount will be added to the next billing. This amended bill shall be due and payable under the provisions set forth in § 54.04 of this chapter.
(F) No more than one appeal may be made per calendar year unless the property changes use.
(G) Decisions of the City Manager on appeals for adjustments shall be final and appealable only by way of writ of review (ORS 34.010 to 34.100).
(Prior Code, § 2.20.060) (Ord. 397, passed 9-19-2011)