3.20.090 Appeal process.
A. A parks maintenance and operations surcharge may be appealed for change or relief in accordance with the following criteria:
1. Classification of Property. Any responsible party who disputes any interpretation given by the city as to property classification may appeal such interpretation. If the appeal is successful, appropriate relief will be granted. In such instances, reimbursement will be given for any overpayment, retroactive to the filing date of the appeal. Factors to be taken into consideration include, but are not limited to, availability of more accurate information; equity relative to billing classifications assigned to other developments of a similar nature; changed circumstances; and situations uniquely affecting the party filing the appeal.
2. Financial Hardship. Any responsible party may claim a financial hardship. The city will determine financial hardship based on established guidelines. Any relief will be secondary to all other financial resources available to the responsible party. To be presumptively eligible for relief, the responsible party’s total family assets must not exceed $15,000, and the responsible party’s gross family income must not be more than the federal poverty level. The city may request verification of income, including, but not necessarily limited to, W-2 employment wage forms, payroll stubs, and tax returns. The city may also request verification of assets, including, but not limited to, bank statements, mortgage statements, and other information useful to the city to determine net assets.
B. An application for appeal shall state the reason(s) for appeal, and must include supporting documentation to justify the requested change or relief. An application will not be deemed complete until all information requested by the city has been provided.
C. The city manager shall be responsible for evaluating appeals.
D. The city manager will make all reasonable attempts to resolve appeals utilizing available existing information, including supporting documentation filed with the appeal, within 30 days of the date the appeal was filed. If, however, more detailed site-specific information is necessary, the city manager may request the applicant to provide additional information.
E. In any event, the city manager will render a decision within 90 days of the date the appeal was filed explaining the disposition of the appeal, along with the rationale and supporting documentation for the decision reached.
F. Decisions of the city manager may be appealed to the city council, and shall be heard at a public meeting. Upon such appeal, the city council shall at its first regular meeting thereafter set a hearing date. The matter shall be heard solely upon the record. In no event shall a final decision be made later than 90 days after the matter was formally appealed to the city council.
G. Appeals filed within 120 days of the effective date of the ordinance codified in this chapter shall not be subject to a filing fee. For new residents the payment of a filing fee for an appeal will begin 120 days after establishing a water service account. The fee for an appeal shall be $50.00. Should the appellant adequately justify and secure the requested change or relief no fee will be assessed. If a decision is not in favor of the appellant a fee for an appeal shall be assessed and may be added to the utility bill. [Ord. 915 Exh. A § 9, 2016; Ord. 828 Exh. A § 9; Ord. 795 Exh. A § 9.]