§ 40-521. Stormwater user fee charge credits.

(a)

The city manager shall grant credits or adjustments based on the technical and procedural criteria set forth in the stormwater utility credit technical manual, which is incorporated into this division by reference and made a part hereof. Copies of the credit technical manual will be maintained by and made available from the city manager.

(1)

A stormwater user fee charge credit shall be determined based on the technical requirements, standards and criteria contained in the credit technical manual. The amount of credit, or reduction of the stormwater user fee charge, shall be in accordance with the criteria contained in the credit technical manual.

(2)

Any credit allowed against the stormwater user fee charge is conditioned on continuing compliance with the city's design and performance standards as stated in the credit technical manual and/or upon continuing provision of the controls, systems, facilities, services, and activities provided, operated, and maintained by the property owner or owners upon which the credit is based. The city manager may revoke a credit at any time for noncompliance with applicable standards and criteria as established in the credit technical manual or this article.

(3)

In order to obtain a credit, the property owner must make application to the city on forms provided by the city manager for such purpose, and in accordance with the procedures outlined in the credit technical manual.

(4)

Property owners may apply for any credits and/or adjustments in accordance with the credit technical manual.

(5)

The application for any credit or adjustment must be in writing and must include the information necessary to establish eligibility for the credit or adjustment, and be in the format established by the city manager. Incomplete applications will not be accepted for consideration and processing.

(b)

When an application for a credit is deemed complete by the city manager, he shall have 30 days from the date the complete application is accepted to grant the credit in whole, grant the credit in part, or deny the credit. If the city manager fails to render a decision within 30 days, the credit application shall automatically be deemed denied, but said denial shall be subject to appeal to the city commission as set forth in this article. Credits applied for by the property owner and granted in whole or in part, shall apply to all stormwater user fee charges in accordance with the terms defined in the credit technical manual.

(Ord. No. 09-16-01, 10-4-2016)