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The right to appeal is pursuant to TMC § 943.10. Only the record owner of non-residential property for the period in dispute has standing to appeal. In the event the record owner of non-residential property seeking a storm water ERU appeal has failed to properly contract for Utility Services or is otherwise not shown as the Account Holder, said record owner of non-residential property must first do so and be a Customer prior to initiating the appeal.
A. Appeal Contents. Subject to § 403.01, a Customer may challenge the ERU multiple assigned the property by filing an appeal for adjustment prior to the Due Date for payment of said charges with the Manager (or designee) with storm water responsibilities at the Division of Engineering Services. The appeal must be in a form as required by the division head of the Division of Engineering Services and, at a minimum, shall state in writing the specific amount of charges in dispute, the time period of charges in dispute, the specific bases for the appeal, and all supporting documentation necessary to support such bases for the adjustment sought.
B. Manager Decision. The Manager shall cause appropriate investigation thereof and report the findings to the Customer. The Manager shall consider the appeal and determine whether an adjustment of the ERU multiple for any such lot or parcel is necessary, and adjust such ERU multiple if appropriate. If adjusted, a corrected bill will be issued to the Customer.
A. Jurisdiction. Customers who receive a denial letter from the Manager who still in good faith believe the previous denial was in error because the Manager failed to follow the Department's Rules and Regulations or applicable law or that the denial ignored evidence that demonstrated an adjustment was warranted may request an administrative hearing within thirty (30) days of the Manager's decision. Hearings will generally not be granted if a Customer merely does not like the previous ruling, no justification exists to provide an adjustment, or Customer raises new issues that were not previously brought before the Manager.
B. The Hearing. At an administrative hearing, the Customer will bear the burden of proof. The Customer will present his or her case at the administrative hearing and provide all proof or documentation to justify the claim for relief. The Division of Engineering Services will also present a case that responds to the Customer's case. The administrative hearing will be presided over by an Administrative Hearing Officer appointed by the Director.
C. Further Appeal. Decisions of the Administrative Hearing Officer are final appealable orders of the City pursuant to ORC Chapter 2506.
The right to appeal is pursuant to TMC § 945.06(e). Only the applicant to occupy or use the public right-of-way for the installation, operation or maintenance of facilities where the Director failed to either grant a right-of-way permit or consent to the transfer of a right-of-way permit, or where the applicant appeals the terms and conditions contained in the permit granted by the Director has standing to appeal.
A. Appeal Contents. Subject to § 404.01, the applicant shall file a written notice of appeal with the Director of Law within thirty (30) days of the DPU Director's issuance of a permit or the DPU Director's failure to issue or consent to the transfer of a permit within the specified time period. The appeal must be in a form as required by the Director of Law.
B. Review. A three (3) member Board of Appeals consisting of the Directors of Finance, Public Utilities (by designation from Public Service) and Law, or their respective designees, chaired by the Director of Law, shall afford the applicant with an opportunity to be heard either in person or in writing. The Board shall issue a final determination within thirty (30) days of the hearing or submission of written arguments unless the applicant waives the time period.
C. Further Appeal. Decisions of the Board of Appeals are final appealable orders of the City pursuant to ORC Chapter 2506.
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