(A) Any person who disagrees with the calculation of the storm water user fee, as provided in this chapter, may appeal such fee determination to the Storm Water Advisory Committee within ten days after the date the payment is due. Any appeal not filed within the time permitted by this section shall be deemed waived.
(B) All appeals shall be filed in writing addressed to the Storm Water Coordinator and shall state the grounds for the appeal and the amount of the storm water user fee the appellant asserts is appropriate. The appeal shall provide such information and documentation supporting the basis of the appeal. The appeal shall be accompanied by an appeal review fee as set forth in the storm water user fee schedule adopted by the Board of Mayor and Aldermen. The appeal review fee shall be refunded to any party who prevails in an appeal of the calculation of the storm water user fee. As a condition to maintaining an appeal, the appellant shall pay all charges billed under protest prior to or at the time of the filing of the appeal.
(C) The Storm Water Advisory Committee shall review the appeal and determine whether the challenged determination is consistent with the provisions of this chapter. Appeals related to the storm water user fee shall be decided based on substantiated evidence with a sound engineering and factual basis. All appeal determinations shall be applied utilizing a strict interpretation of this chapter. At any hearing related to an appeal or credit determination, the city shall be allowed to present evidence, findings and recommendations; appealing parties and applicants shall be given an opportunity to present evidence, findings and recommendations. The Storm Water Advisory Committee may request additional information from the appealing party; the Committee may defer the determination of an appeal one time to the next regularly scheduled meeting of the Storm Water Advisory Committee. Each appeal shall be placed on the Storm Water Advisory Committee agenda for the next regularly scheduled meeting, which meeting is at least 20 days after the Storm Water Coordinator receives the written appeal. The Storm Water Coordinator shall notify the appellant customer of the date of the appeal review hearing in writing; such written notice shall be given at least ten days prior to the hearing by regular mail at the address provided in the written appeal document. The decision of the Storm Water Advisory Committee shall be final and conclusive with no further administrative review.
(D) If a refund is due, the Storm Water Coordinator shall authorize the refund which will be provided as a credit against the customer’s storm water user fee billings until such credit is exhausted.
(2011 Code, § 18-513) (Ord. 09-39, passed 12- -2009)