§ 510.70. Appeal procedure.

(a) Owners of residential developed property, non-residential developed property or vacant property, with respect to which a stormwater charge has been imposed, that disagree:

(1)

With the class into which their single-family residential developed property is placed;

(2)

With the calculation of the stormwater charge;

(3)

With whether their property is benefited by the stormwater utility; or

(4)

With whether 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 a designee of the director by giving written notice of the appeal to the director at the director's customary offices within the (10) days of notice of that determination.

The director's designee assigned to hear such appeal shall not be a person that is regularly assigned to utility billing or the stormwater utility. Appeals from the calculation or finding to the designee of the director, as delineated herein above are separate and distinct from the billing complaint procedures established by sections 509.920 and 509.930 of this Code.

(b)

The director's designee shall give written notice of the time and place for the review requested, pursuant to subsection (a) hereof, to the appealing owner or non-owner user. The review shall be held within fifteen (15) days of receipt by the director of the written appeal. In addition to any oral presentation, appellant shall state all grounds supporting the appeal in writing, attaching any exhibits, such as photographs, drawings or maps and affidavits that support the claim. In addition, the appellant shall submit 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 designate in writing to the appellant. The director may waive the submission of a land survey, if director determines that the survey is not necessary to make a determination on the appeal.

(c)

The burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence, that the determination of the director, from which the appeal is being taken, is erroneous.

(d)

The filing of a notice of appeal shall not stay the imposition, calculation or duty to pay the stormwater charge. The appellant shall pay the stormwater charge, as stated in the billing.

(e)

Within fifteen (15) days of the review, the director's designee shall send a written copy of the designee's decision to the appellant with a copy to the director.

(f)

If the appellant believes this decision is in error, the appellant may file a written request for a review by the city council based on the written record by filing a request with the city clerk with a copy to the director. The request for review shall be reviewed based on the written record by a committee or subcommittee of the city council, or by a person appointed by the city council, or any designated combination thereof, within thirty (30) days of the filing of the request. The report of the committee, subcommittee and/or other reviewer shall be referred to the full council and be acted upon by the full council within thirty (30) days of the review. The decision of the city council on appeal is subject to judicial review, as provided by the laws of the state.

(g)

If the director's designee's determines, upon appeal, that appellant should not pay a charge, pay a charge amount less than the amount appealed from, receive a credit or receive a greater credit than the credit appealed from or the city council, upon appeal, so determines, the city shall issue a check to the appellant in the appropriate amount within ten (10) days of the date of the applicable decision, provided the charge has, as required herein, been paid by the appellant. (2004-Or-132, § 1, 11-5-04)