(A) Requests for adjustment of the stormwater utility user fee shall be submitted through the authorized official, 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 category and classifications as defined in this subchapter. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility user fee:
(1) Any owner who has paid his or her stormwater utility user fees and who believes the ERU component of his or her stormwater utility user fee to be incorrect may, subject to the limitations set forth in this subchapter, submit an adjustment request to the authorized official.
(2) Request for adjustment of stormwater utility user fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater utility user fee is imposed will be reviewed by the authorized official within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment, may, at his or her own cost, provide supplemental information to the authorized official, including, but not limited to, facts, opinions or engineering services to substantiate his or her case.
(5) Adjustments to the stormwater utility user fee will be made by the Director upon the granting of the adjustment request in writing, by the authorized official. Denials of adjustment requests shall be made in writing by the authorized official.
(B) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial.
(1) The Board shall complete its review within 60 days of receipt of the request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained in this subchapter.
(3) All determinations of the Board arising out of this section shall be final.
(Ord. 03-2461, passed 6-16-03)