(A) A public fire and safety surcharge may be appealed for change or relief in accordance with the following criteria:
(1) Any responsible party who disputes any interpretation given by the city as to the classification of property may appeal such interpretation.
(2) A person responsible to pay the public fire and safety surcharge may seek a reduction or elimination of the surcharge by demonstrating to the Public Fire and Safety Surcharge Appeal Committee that the services of the Fire Department cannot be beneficially used.
(3) If the appeal is successful, relief will be granted as appropriate. In such instances, reimbursement will be given for any overpayment, retroactive to the filing date of the appeal. Factors to be taken into consideration include, but are not limited to: availability of more accurate information; equity relative to billing classifications assigned to other developments of a similar nature; changed circumstances; and situations uniquely affecting the party filing the appeal.
(4) Any responsible party may claim a financial hardship. The Public Fire and Safety Surcharge Appeal Committee is authorized the discretion to determine financial hardships on a case-by-case situation or to establish guidelines for making such a determination. These guidelines shall be approved by the City Council by resolution before going into effect.
(B) Application for appeal shall state the reason for appeal, with supporting documentation to justify the requested change or relief.
(C) The Public Fire and Safety Surcharge Appeal Committee shall be responsible for evaluating appeals. If the committee decides information provided through the appeal process justifies a change, the committee may authorize this change (up or down) retroactive to the date the appeal was filed.
(D) The Public Fire Safe Surcharge Appeal Committee shall make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within thirty days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the committee may request the applicant to provide such information.
(E) In any event, the Public Fire and Safety Surcharge Appeal Committee shall file a report within 90 days of the date the appeal was filed explaining the disposition of the appeal, along with the rationale and supporting documentation for the decision reached.
(F) Decisions of the Public Fire and Safety Surcharge Appeal Committee may be further appealed to the City Council, and shall be heard at a public meeting. Upon such further appeal, the City Council shall at its first regular meeting thereafter set a hearing date. The matter shall be heard solely upon the record. In no event shall a final decision be made later than ninety days after the matter was formally appealed to the City Council.
(G) The filing fee for an appeal shall be $50. An additional $50 fee is required for further appeal to the City Council. These fees are fully refundable should the appellant adequately justify and secure the requested change or relief.
(Ord. 546, passed 12-8-2014; Ord. 547, passed 4-13-2015)