§ 98-170. Administrative appeal.

(a)

Any owner who disputes the amount of the storm drainage service fee charged to the owner's parcel, the classification of the property in terms of its use, any adjustment proposed by the administrator, or any other determination affecting the property made by or on behalf of the city pursuant to this article may petition the administrator for a hearing with regard to any such issue. The administrator may conduct such hearing or may designate an employee of the general services department to conduct such hearing on his or her behalf. Any such petition may only be filed once in connection with the issue presented in the petition, except upon a showing of changed circumstances sufficient to justify the filing of such additional petition.

(b)

Any such petition shall be in writing, signed by the owner under penalty of perjury and filed with the administrator. The petition shall include the following information:

(1)

A complete description of the factual basis for the appeal;

(2)

The legal basis for the appeal; and

(3)

The remedy sought by the appellant.

Within ten days after receipt of the petition, the administrator shall mail written notice to the appellant of the date, time and place of the scheduled hearing.

(c)

At the hearing, the administrator or designated hearing officer may hear any oral or documentary evidence that the appellant may offer in addition to the information in the petition, together with any oral or written information that may be submitted by county representatives in support of the determination that is the subject of the appeal. Within 30 days after the conclusion of the hearing, the administrator or the designated hearing officer shall make and serve by mail written findings of fact based upon all relevant information presented in the petition or at the hearing, shall make a determination of issues based upon such findings and, if appropriate, an order setting forth an appropriate remedy subject to the limitations set forth in section 98-166(e). The determination of the administrator or designated hearing officer shall be final.

(Ord. No. 97-01, § 2(15.10.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2018-001, § 5, 7-12-2018)