(a) Requests for adjustment of the storm water utility fee shall be submitted through the Utility Director, 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 the amount of impervious area on the site. The following procedures shall apply to all adjustment requests of the storm water utility fee:
(b) Any owner who has paid his storm water utility fees and who believes the ERU component of his storm water utility fee to be incorrect may submit an adjustment request on a form supplied by the Utility Director. Storm Water Management Utility Form No. 1 is for residential ERU adjustments and Storm Water Management Utility Form No. 2 is for non- residential ERU adjustments.
(c) Adjustment requests for storm water utility fees paid by an owner making the request shall be in writing and set forth in detail the grounds upon which relief is sought.
(d) The City will review adjustment requests made during the first calendar year that the storm water utility fee is imposed within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such requests shall be retroactive to the beginning of billings, but the retroactive period shall not exceed one year.
(e) Upon receipt of an adjustment request, the following procedures will be followed:
(1) The Utility Director will forward the request to the City Engineer who will check the records from which the ERU determination has been made. If an error is discovered, adjustments to the storm water utility fee will be made upon the granting of the adjustment request, in writing, by the City Engineer.
(2) If the City Engineer confirms the original ERU determination, denial of the adjustment request shall be made in writing by the City Engineer. The denial will be accompanied by a sketch or other information upon which the ERU determination was made.
(3) The owner requesting the adjustment may appeal the ruling of the City Engineer, but shall be required, at his own cost, to provide supplemental information to the City Engineer including, but not limited to, survey data approved by an Ohio Registered Professional Land Surveyor (P.L.S.) which presents the amount of impervious area on a parcel or engineering reports approved by an Ohio Registered Professional Engineer (P.E.). Failure to provide such information shall result in the denial of the adjustment request.
(4) Additional information submitted by the property owner shall be considered in the same manner set forth in subsection (e)(1) and (2) above.
(f) Adjustment denials may be appealed to the City’s Storm Water Utility Appeals Board. The appeal shall be filed using Storm Water Management Utility Form No. 3, furnished by the Utility Director. The Storm Utility Appeals Board consists of the City Engineer, Utility Director, Public Service Director, and two electors of the City appointed by City Council.
(Ord. 2007-009. Passed 3-5-07.)