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13.15.070. Appeal of charges

            (1)        Any non-residential customer who disagrees with the storm drainage user fee for his or her parcel may apply to the City Engineer for a user fee adjustment.  The adjustment request must state the grounds for adjustment and must be filed in writing with the City Engineer no later than thirty (30) days after the date of billing.  The City Engineer shall review the request and basis for user charges to determine whether an error was made in the calculation or application of the fee.  The City Engineer shall make a determination within fifteen (15) days and it shall be in writing.  The City Engineer's decision shall be final unless appealed.

            (2)        An appeal of a City Engineer's decision may be brought before the City Manager.  Said appeal shall be filed within thirty (30) days of the date of the City Engineer's decision and shall be in writing.  The City Manager's decision is to be based on a review of the documents submitted and the City Engineer's written decision.  This review will be pursuant to the substantial evidence standard.  The City Manager may reverse, modify, or uphold the City Engineer's decision.  The decision of the City Manager is final and conclusive.  If an appeal of charges is successful, credit will be applied to all charges from the time of the appealed billing and will be reflected on a future billing after the appeal is granted.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 02-48, Enacted, 8/1/2002
Ord. No. 15-34, Amended, 12/17/2015

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