(a) Persons who consider the charges applicable to their lot or parcel to be unjust or inequitable or who dispute the denial of permit or conditions placed on approval of a permit with respect to work relating to a Stormwater drainage facility, may apply to the City Manager or his designee for an adjustment or review thereof, stating in writing the grounds of the complaint. The City Manager or the City Manager's designee shall consider the complaint and determine whether an adjustment of the charges for any such lot or parcel is necessary to provide for the just and equitable application of the Storm drainage service charge, and adjust such charge if appropriate, or determine whether a complaint regarding the denial of a permit or any condition placed on a permit approval is appropriate or should be modified.
(b) The City Manager or his designee shall have thirty (30) days to investigate the matter. The City Manager or the City Manager's designee shall timely review and rule upon the appeal.
(c) Owners who are not satisfied with the resolution of a billing complaint or permit denial or approval review may appeal in writing to the Citizen's Water and Sewer Advisory Board as appointed by Council. Such appeals, to be considered by the Board, shall be submitted to the Board within twenty (20) days following the determination by the City Manager as set out in subsections (a) and (b) above. All such appeals shall include at a minimum the name, address and phone number of the complainant (for use during business hours), a discussion of the facts of the case, any related documentation, and in all cases, the basis for the bill adjustment request or review of a permit denial or approval.
(d) The Citizen's Water and Sewer Advisory Board shall issue a written Notice to the complainant setting the time, date and location of a hearing on the complaint. Such hearing shall be held not later than forty five (45) days after receipt of the complaint by the complainant and Notice of such meeting must be delivered to the complainant at least ten (l0) days prior to the date of such hearing. Notice to the complainant shall be by ordinary mail to the address shown on the appeal. Public Notice of the hearing shall be by publication once in a newspaper of general circulation within the City at least ten days prior to the hearing. At the hearing, any party may appear in person or by attorney. The Board shall make a recommendation to City Council regarding the disposition of the complaint within thirty (30) days following the hearing.
(e) The City Council shall then render a final decision regarding the disposition of the complaint within thirty (30) days following receipt of the recommendation of the Board.
(Ord. 35-05. Passed 9-19-05.)