§ 17-178. Appeals.

Any customer who believes the provisions of this article have been applied in error may appeal in the following manner:

(a)

An appeal must be filed in writing with the director of public works. At the discretion of the director of public works, the appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to the stormwater events.

(b)

Using the information provided, the director of public works shall conduct a technical review pursuant to good engineering practices. The director of public works may adjust the stormwater service charge so long as the adjustment is in conformance with the general purpose and intent of this chapter. At the conclusion of the review, the director of public works shall issue a written determination stating whether an adjustment to the stormwater service charge is appropriate, and if so, the percentage of such adjustment. Any approved adjustments must be communicated in writing to the appropriate utility billing staff.

(c)

An appeal may be taken from any decision of the director of public works by giving notice of appeal to the city manager within thirty (30) days after the written decision of the director of public works' notice of appeal shall be given by the customer through the delivery of a written statement to the city manager stating the grounds for the appeal and providing the city manager with a copy of the written decision of the director of public works. The director of public works shall transmit to the city manager and the customer all documents constituting the record upon which the director of public works' decision was made. The city manager shall set a time and date for the customer to be heard on his appeal.

(d)

All decisions of the director of public works and city manager shall be served on the customer personally or by registered or certified mail. Mailing shall be based upon the billing address of the customer.

(e)

When an appeal is from a decision authorizing an adjustment to the customer's bill, the director of public works' decision shall remain in effect until and unless reversed or otherwise modified.

(f)

The decision of the city manager is final.

(g)

No adjustment to a customer's bill shall be made which is for more than the three-year period immediately preceding the date that the customer's request is first received by the city.

(h)

The administrative remedies provided herein shall be exhausted before recourse to a court of competent jurisdiction.

(Ord. No. 2007-03, art. II, 2-12-07)