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(a) Stormwater Utility Coordinator. The City Manager shall designate a City employee who shall report to the Service Director or designee and who shall administer the City's stormwater utility, including;
(1) Receiving reviewing and granting or denying applications for credits,
(2) Determining the appropriate Stormwater Class for Properties based on GIS and land use information collected and maintained by the County Auditor,
(3) Using any and all land use data, determining the Impervious Area measurement for Properties, and
(4) Reviewing and granting or denying applications for reconsideration of ESU multiples, Stormwater Class determinations, determinations of impervious surface, determinations of whether a property is unlikely under any circumstances to contribute stormwater to the Stormwater System, the amount of a stormwater utility service charge assessed, and other determinations made by the Stormwater Utility Coordinator.
(b) Any person obligated under this Chapter to pay a stormwater utility service charge to the City may make application to the Stormwater Utility Coordinator, on application forms to be prescribed by the Stormwater Utility Coordinator, seeking a credit or seeking a determination of whether a property is unlikely under any circumstances to contribute stormwater to the Stormwater System or seeking reconsideration of a determination made by the Stormwater Utility Coordinator. The application shall be accompanied by a processing fee reasonably related to recovering the City's costs expected to be experienced in processing such applications, as determined by the Finance Director. The applicant shall attach to the application any affidavits and/or other documentary evidence the applicant relies upon to justify the request in the application and shall fully explain in writing in the application the applicant's reasons and support for the relief sought. The Stormwater Utility Coordinator shall grant or deny the application and issue a written explanation of the Stormwater Utility Coordinator's decision.
(c) Appeals. An applicant aggrieved by a decision of the Stormwater Utility Coordinator made on an application filed with the City, may file an appeal with the Service Director or desginee along with a processing fee of $100.00 for property with a Commercial or Industrial Stormwater Class designation and $25.00 for property with an Agricultural, Condominium, Residential, or Vacant Stormwater Class designation; provided that the filing of the appeal is made within fourteen days after the Stormwater Utility Coordinator issues his/her decision granting or denying the application. The appeal shall be made to a panel comprised of the City Manager, the Finance Director and the Law Director, or their designees. The appeal panel shall consider the provisions of this Chapter, land use data establishing the actual conditions of the property, the application and its attachments, the decision of the Stormwater Utility Coordinator and the contents of the appeal document in reviewing the Stormwater Utility Coordinator's decision and shall affirm or reverse or reverse and remand the Stormwater Utility Coordinator's decision. The decision of the appeal panel shall be final. Further appeal shall be to the Court of Common Pleas.
(Ord. 13-59, Passed 3-5-13; Ord. 15-164, Passed 6-9-15. Ord. 19-289, Passed 12-10-19.)