15.16.060 - IMPERVIOUS SURFACE AREA OR RATE ADJUSTMENTS
A. Any person receiving a billing statement for storm and surface water service and after making a timely payment thereof, may apply to the Public Works Department for an impervious surface area adjustment or storm and surface water rate adjustment. Applications for impervious surface area adjustments and/or storm and surface water rate adjustments shall be made to the Director of Public Works within 45 days of the billing statement being mailed by the City. B. The burden of proof shall be on the applicant to show that the impervious surface area and/or storm and surface water rate adjustment sought should be granted. C. To be effective for the current billing cycle, applications for impervious surface area or storm and surface water rate adjustment must be made within 15 calendar days of the billing date. Applications received after 15 calendar days of the billing date shall only be effective for subsequent billing cycles. D. The Director of Public Works, or authorized designee, shall make a determination on the application to adjust the impervious surface area and/or storm and surface water rate within 30 calendar days of receiving the application. The Director of Public Works may consider, in the Director's discretion, any information submitted by the applicant or the City. The Director of Public Works shall notify the applicant in writing of the Director's decision. E. If the Director of Public Works, or authorized designee, grants an adjustment, which reduces the charge for the current billing cycle, the applicant's account shall be credited the amount overpaid. If the Director, or authorized designee, determines that an adjustment should be made which increases the charge due, the charge increase will be effective on the next billing cycle. F. The Director of Public Works' determination shall be final unless the applicant appeals that decision to the City's Hearing Examiner within 30 calendar days of the date the Director of Public Works' written termination was mailed to the applicant. G. An applicant shall only be allowed to apply for an adjustment to the impervious surface area of a parcel once unless the applicant can demonstrate to the Director of Public Works that the impervious surface area on that property has decreased. Exception: Any application for adjustment within the calendar year 2001, that is found to be valid under the terms above, shall be eligible for reimbursement of any overcharge to March 1, 2001. [Ord. 2001-02-007]
