943.08 STORMWATER UTILITY APPEALS BOARD.
   (a)   Established. The City of Sheffield Lake Stormwater Utility Appeals Board is hereby established.
   (b)   Membership. The Stormwater Utility Appeals Board (hereinafter sometimes referred to as (SUAB) shall consist of six members. Five members of the SUAB shall be appointed by the Mayor with the approval of two-thirds of the members of Council. The Service Director shall be a non-voting member of the SUAB. Appointed members must be residents of the City of Sheffield Lake. Appointed members may be removed by the Mayor with the approval of a vote of two-thirds of the members of Council. The term of office for members of the SUAB shall be two years. Should a vacancy occur on the Board, the remaining portion of the unexpired term shall be filled in accordance with the provisions set forth hereinabove.
   (c)   Purpose, Powers and Duties.
      (1)   The SUAB shall consider disputes or complaints brought by owners and nonowners concerning the Stormwater User Fees as set forth in Chapter 953, limited, however, to matters set forth below.
      (2)   The SUAB shall consider any dispute regarding the methodology used to calculate the billing units except the mathematical calculation of total square feet divided by square feet for a billing unit.
      (3)   The SUAB shall consider any dispute concerning total number of billing units that are claimed to be incorrect due to claimed inaccuracies in data utilized by the utility billing staff.
      (4)   The SUAB shall consider any dispute regarding service provided by the utility for properties which partially drain outside the City limits.
      (5)   The SUAB shall consider any dispute regarding properties that contain or retain or detain storm runoff on their own property and diminish the quantity of stormwater handled by the City.
      (6)   The SUAB shall consider any dispute regarding a break in billing service due to charge in account ownership or similar matters.
      (7)   The SUAB shall consider whether or not a gravel area deemed impervious in a nonresidential property is pervious because the gravel area is not used as a driveway or as a parking area and the gravel area does not retard or prevent the entry of water into the soil.
      (8)   Any adjustment recommended by the SUAB shall be referred to Council. Council retains full authority to accept or reject any recommendation of the Stormwater Utility Appeals Board after full consideration of the recommendations of the SUAB. The SUAB shall have no legislative authority.
      (9)   In addition to the dispute resolution duties as set forth above, the SUAB may make recommendations to Council for changes or amendments to the scope, definitions, user fees or any other provisions of the Stormwater Utility as established in Chapter 943 of the Codified Ordinances. Council may act or decline to act on any such recommendations as it, in its discretion, deems appropriate.
         (Ord. 64-01. Passed 11-13-01.)
   (d)   Rules and Regulations. The SUAB shall establish its own rules and regulations and shall conduct such meetings or hearings as are necessary to carry out its purpose and duties as established herein. (Ord. 09-01. Passed 1-30-01.)