§ 26-9. Adjustment of assessment.

(a)

Availability of adjustment. The city may increase or decrease a customer's assessment. The city commission may by resolution establish procedures, in addition to the minimum procedures set forth herein, to review requests for a fee adjustment.

(b)

Basis for adjustments. The city shall base adjustments on the number of dwelling units or on the amount of impervious surface area.

(c)

Procedure for approving adjustments.

(1)

Submission of petition. In order to obtain an evaluation of a requested adjustment, a customer must submit to the city engineering division a petition for assessment credit, and pay an application fee of thirty-five dollars ($35.00). The customer shall include in the petition his or her contact name and address, the property address, the subdivision name, a property sketch, the total amount of impervious area, the total property's area (in square feet), the location and size of any onsite or offsite stormwater treatment facilities, a legal description of the property, and a summary description of the asserted basis for the adjustment requested.

(2)

Grounds for adjustment. The petition shall set forth, in detail, the grounds upon which the customer seeks relief. These may include, but are not limited to:

a.

Incorrect property classification for purposes of determining the fee;

b.

Errors in the property's impervious surface area calculation; and

c.

Mathematical errors in calculating the property's applicable fee.

(3)

Factors for decision. When evaluating a petition for an adjustment, the city engineering division shall consider all relevant information.

(4)

Timing and notice of decision. The city engineering division, on or before ninety (90) days after receipt by the city of a customer's completed petition, shall review and render a decision on the petition. The city engineering department shall provide written notice to the petitioner of the approval or denial of a petition. If the petition is approved, the city shall refund the application fee of thirty-five dollars ($35.00) upon the customer's request.

(5)

Retroactivity of adjustment decision. Any credit for an adjustment resulting from a customer's petition shall be applied to the current fiscal year. No such adjustment shall be made, or reimbursement made, for prior fiscal years. The city shall apply the adjustment for the customer's future fee calculations, until the city becomes aware of any reason that calls into question whether the adjustment should continue.

(6)

Appeal of denial. On or before the 30th calendar day after the city engineering division renders a written decision on the petition, a customer may appeal the determination to the stormwater assessment appeals committee.

(Ord. No. 2018-110, § 3, 11-28-18)