§ 122-159. Adjustment of fees.

(a)

Owner-initiated adjustments. Requests for adjustment of a stormwater utility fee shall be submitted in writing by the owner to the county manager within 30 days of the date of the first notice of assessment. The county manager shall have the authority to adjust the fee and establish, administer and modify related procedures and standards as determined necessary. All requests from owners of nonresidential developed property shall be reviewed on the basis of the amount of impervious area on the property. All requests from owners of residential property shall be reviewed on the basis of the number and types of individual dwelling units existing on the property. The following policies and procedures shall apply to all requests for adjustment of a stormwater utility fee:

(1)

The adjustment request will be reviewed by the county manager within 30 days from the date of filing of the adjustment request and shall be either approved or denied in writing, unless additional information is requested. Consideration by the county manager of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the stormwater utility fee. In the event an adjustment is granted by the county manager which decreases the stormwater utility fee, the owner shall be entitled to a refund of excess stormwater utility fees paid.

(2)

The owner requesting the adjustment may be required to provide supplemental information to the county manager. Failure to provide such information may result in the denial of the adjustment request.

(b)

County-initiated adjustments. Any errors in a stormwater utility fee placed on the tax bill, or failure to charge a fee, may be corrected by the county manager. If the stormwater utility fee is not placed on the tax bill, any errors in the fee or failure to charge a fee may be corrected by the county manager during the year in which the stormwater utility fee is imposed. Corrections which result in an increase in the fee shall not be made until the owner of the affected property has been provided not less than 30 days' notice by mail. Once an adjustment is finalized, the county manager shall send documentation reflecting the adjustment to the owner and, if the stormwater utility fee is placed on the tax bill, to the finance department of the county.

(Ord. No. 92-89, § IX, 12-10-92)