Title 15 - Public Improvements

15.06.070 Appeal Procedure.

Owners of Residential Property or Nonresidential Property, for which a Storm Water Utility User Fee has been imposed, who disagree: (1) with the calculation of the Storm Water Utility User Fee; or (2) with the decision that their property is entitled to a credit or the continuation of a credit or on the amount of a credit, may appeal the calculation or finding to the City Manager. The owner must file a written notice of appeal with the City Clerk on or before 5:00 p.m. on December 31 of the current year being appealed. The owner, by the date set in writing by the Director, which shall not be less than seven days, shall provide information concerning the basis of the appeal, including a land survey prepared by a registered surveyor showing Dwelling Units, total property area, type of surface material and Impervious Area, as appropriate, and any other information that the Director shall request in writing to the owner. The Director may waive the submission of a land survey, if the Director determines that the survey is not necessary to make a determination on the appeal. The owner shall be afforded a hearing on the matter before the City Manager within sixty (60) days of filing the appeal. The burden of proof shall be on the owner to demonstrate, by clear and convincing evidence, that the determination of the Director, from which the appeal is being taken, is erroneous. Based on information provided in writing and at the hearing, the City Manager shall make a determination as to whether the Storm Water Utility User Fee and/or the credit should be adjusted or eliminated for the subject property. The City Manager shall notify the owner in writing of the decision.

The filing of a notice of appeal shall not stay the imposition, calculation or duty to pay the fee. The owner shall pay the Storm Water Utility User Fee, as stated in the billing, to the Johnson County, Kansas, Treasurer. If the City Manager determines that the owner should not pay a fee, pay a fee amount less than the amount appealed from, or receive a credit, the City shall issue a check to the owner in the appropriate amount within 10 business days of the date of the applicable written decision, which in no event shall be more than the amount of the fee paid by the owner as of the date the check is issued. If the credit is larger than the amount paid and additional fees are due for the same year, the City will issue the remaining credit within 10 business days after the remaining fees have been paid in full. All refunds shall be without interest.

The decision of the City Manager shall be final.

(History: Ord. SWU-2315 §7, 2001)

Effective on: 1/1/1901