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(A) Administrative adjustment procedures. Requests for adjustment of a drainage utility charge shall be submitted to the City Administrator. All requests shall be evaluated based upon the amount of impervious area only. The following procedures shall apply to all requests for adjustment of the drainage utility charge:
(1) Any user who has paid drainage utility charges and who believes the calculation or determination of the drainage utility charge to be incorrect may, subject to the restrictions set forth in this subchapter, submit an adjustment request to the City Administrator.
(2) Requests for adjustment of drainage utility charges paid by an owner, user or customer making the request shall be in writing and set forth in detail the grounds upon which relief is sought.
(3) Adjustment requests will be reviewed by the City Administrator within 30 days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective, but may be made retroactive for no greater time period than three months prior to the receipt of the request.
(4) The user requesting an adjustment may be required, at the requesting party's own cost, to provide supplemental information to the City Administrator, including, but not limited to, survey data certified by a Texas registered professional land surveyor (R.P.L.S.), or a development plan approved by the city. Failure to provide requested information may result in the denial of the adjustment request.
(5) The City Administrator's determination of the adjustment request shall be provided in writing. If the City Administrator approves the request, the adjustment to the drainage utility charge will be made.
(6) All findings and determinations made by the City Administrator arising out of this section, except for the determination of impervious area, will be final.
(B) Appeal of administrative adjustments. Upon receipt of a written denial of an adjustment request, the user who requested the adjustment may, within 30 days of receipt of the denial, make written application to the City Council requesting review of the denial. The City Council shall grant a public hearing within 60 days of receipt of the request for review. The City Council's decision shall be final.
(C) Appeal of lien. Before imposing a lien for delinquent drainage utility fees, the city shall send notice to the record owner of the benefitted property of the amount of the charges owed and any penalties or interest accrued, and of the owner's right to appeal the placement of the lien. Within ten working days of the postmark of the notice sent to the property owner, the owner may appeal the decision to impose the lien on the property to the City Administrator. The City Administrator shall not file the lien if the owner shows that the drainage utility fee made the basis of the lien is not owed and shall give the owner written notice of the decision. When a person pays all principal, interest, and charges of a valid lien filed pursuant to this subchapter, the City Administrator shall execute a release of that lien and surrender it to the paying party. The paying party shall be responsible for the filing of the release.
(d) Appeal by users outside the city's boundaries. Users residing within the Service area, but outside the city's boundaries, may appeal rates established for drainage charges to the Texas Commission on Environmental Quality as authorized by Tex. Water Code § 13.043(b).
(Ord. 100921-A, passed 9-21-2010)