(A) An owner aggrieved by the obligations, procedures, decisions, assessments, levies or other actions provided or taken herein for the collection of delinquent utility accounts can appeal the same for hearing by the City Council. A person wishing to have a hearing shall file a signed written notice of appeal with the City Clerk with a detailed description of the actions being appealed and the reasons for appeal. A notice of appeal must be filed within 15 days (counting Saturdays, Sundays and holidays) from the date of the action being appealed. For a notice by the Treasurer of the intent to levy an assessment and lien upon real property, the date of action is the date of the notice.
(B) A notice of appeal shall not delay, stay or postpone the presentation to or adoption by the City Council of the resolution levying an assessment and lien upon real property, or other actions or proceedings taken with regards to such resolution, assessment or lien. An administrative or judicial appeal does not waive or excuse the obligation to pay the full amount of the delinquent charges, including penalties or late fees, within the 30 days provided in the notice by the City Treasurer. Any payment of delinquent utility charges, along with penalties or late fees, must be designated as “paid under protest” if made while an appeal is pending or planned, and prior to the final resolution of the appeal. If the delinquency is not paid within the 30 days, as required by the Treasurer’s notice, the appeal will not be considered effective, perfected or valid. All delinquent charges and penalties paid “under protest” during a pending appeal shall be credited to the delinquent account and subject to refund if the appeal is eventually resolved in favor of the appellant after any administrative or judicial proceedings. For payments made “under protest”, legal actions challenging such payment or its validity and seeking to recover such payment must be filed in a court of competent jurisdiction no later than 30 days from the date of the mailing of the Council’s decision following a hearing.
(C) After the appeal is filed, the Mayor shall set a hearing before the Council. The person filing the appeal shall be notified of the hearing and given an opportunity to appear and be heard. The hearing’s format and procedures shall be set by the Mayor and Council. The Council’s deliberation and action shall be done by voting. The Mayor is the presiding officer and may vote to break ties. Hearing decisions may be orally announced, or taken under advisement. Decisions must be written and a copy mailed to the owner filing the appeal within 30 days after the hearing, not including weekends and holidays. The mailing of the decision is deemed the final administrative action.
(Ord. 21-031918, passed 3-19-2018)