A. The city manager shall be responsible for administration of this chapter in regards to utility billings, accounting for revenues collected, and general administrative tasks. In addition, the city manager shall be responsible for determining fee amounts in accordance with usage, developing street maintenance and improvement programs, measuring areas, performing traffic counts, and establishing standards for the operation and maintenance of streets and related facilities to the end that the transportation system shall be maintained and that the city’s investment therein kept available for the benefit of the public.

B. Any responsible party of nonresidential premises may request in writing a specific adjustment in the transportation utility fee based on the application of the formulas. The request shall be in writing and submitted to the city manager. The petitioner shall have the burden of proof.

C. The city shall make findings of fact based on relevant information, shall make a determination based upon such findings, and if found appropriate, modify such fee or determination accordingly. Such determination by the city shall be considered a final order. The city manager shall also make findings about any use not specifically listed in the adopted transportation utility fee resolution, since all improved premises for which a building permit is required are subject to a review and determination of fee amount.

D. Every decision or determination of the city manager or city council shall be in writing, and notice thereof shall be mailed or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. [Ord. 892 § 7, 2015.]