§ 18-64. Requests for adjustment.

(a)

An owner or lawful occupant obligated for payment of the stormwater management fee may request an adjustment of the fee calculated by the city engineer. Such request will most often involve the determination of the amount of impervious area on the property, but can question any element of the calculation. The request must be in writing and be filed with the director of public works.

(b)

The director of public works will review the request and provide a written decision to the requestor within 30 days after receipt of the request.

(c)

The request shall be made upon such forms and be accompanied by such information as the city, by written policy, shall require. The owner or occupant requesting the adjustment may be required, at his own cost, to provide supplemental information to the director of public works, including but not limited to, survey data and engineering reports approved by either a registered professional land surveyor or professional engineer. Failure to provide such information may result in denial of the adjustment request.

(d)

Requests for adjustment of the impervious surface area used in calculating the fee will only be accepted from owners or occupants of nonresidential sites and must be accompanied by a site survey approved by a registered professional land surveyor.

(e)

If the requestor disagrees with the decision of the director of public works, he or she may appeal that decision to the city manager in writing within 15 days of receipt of the decision. The decision of the city manager to affirm or modify the decision of the director of public works will be provided in writing within 15 days after receipt of the appeal and will be final.

(f)

Any adjustment to the fee approved by the director of public works or the city manager will be applied prospectively only.

(g)

No provision of this article allowing for a request for adjustment shall be deemed to suspend the due date of the fee with payment in full. Any adjustment in the fee for the person pursuing a request shall be made by refund of the amount due.

(Ord. No. 2007-51, 8-14-07)