§ 78-207. Appeals.

Under this article, any person who is assessed any stormwater related fee or charge who disagrees with the calculation of the area or EDUs as determined by the city or any person who believes the fee or charge is excessive or any credit is insufficient may appeal such determination to the city manager. Any appeal must be filed with the city manager in writing on or before 30 days after billing for the stormwater management utility fee has been sent by the city. Any appeal shall include a survey prepared by a registered surveyor showing all pervious and impervious surface areas and all calculations, arguments and other documentation supporting appellant's claim. The city engineering department may submit information to the city manager regarding any appeal within 15 days after the appeal is filed. Based upon the information provided by the city and the appealing party, the city manager shall make a determination regarding the appeal on or before 60 days after the city manager's receipt of the appeal. The city manager shall notify the parties, in writing, of his decision. If still dissatisfied, a party may appeal the city manager's decision to the city commission in the same manner as provided in this section. The decision of the city commission shall be final with any judicial challenge required to be filed on or before 30 days after the date of the city commission's hearing. Any final adjustment to the city's original calculations and determinations shall be retroactive to the commencement of the charges and fees, provided such adjustment was requested within one year from the commencement of the charges and fees; thereafter any adjustments shall apply only from 30 days prior to the date of the request for the adjustment. Any person who appeals any matter or decision under this section and who does not prevail shall pay the prevailing party's reasonable attorneys' fees and costs.

(Code 1988, § 25-27)