§ 8-45. Adjustment of utility fee and assessments; corrections.

(a)

Owner-initiated adjustments. Requests for adjustment of the utility fee or an assessment shall be submitted to the director, who shall have authority to adjust the utility fee or assessment pursuant to the procedures and standards as established herein. No credit shall be given for the installation of facilities required by county ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the utility fee or an assessment:

(1)

Any owner who believes the utility fee or assessment is incorrect may, subject to the limitations set forth herein, submit an adjustment request to the director.

(2)

The adjustment request shall be in writing and set forth, in detail, the grounds upon which the correction is sought.

(3)

The adjustment request of a utility fee or assessment must be made within 30 days after the date of its first-class mailing of the proposed fee or assessment. The adjustment request will be reviewed by the director within three months from the date of filing of the adjustment request. Consideration by the director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the utility fee or assessment. In the event an adjustment is granted by the director which decreases the utility fee or an assessment, the owner shall be entitled to credit or refund for the excess utility fee or assessment paid. If the utility fee or assessment is placed on the real property tax bill and has not been paid, the credit shall be adjusted on the respective owner's real property tax bill.

(4)

The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request.

(5)

The granting or denial of an adjustment to a utility fee or an assessment will be furnished to the owner, in writing, by the director. If the utility fee or an assessment is placed on the real property tax bill, the document granting an adjustment to a utility fee or an assessment will also be sent to the tax collector.

(b)

Right of review. The owner has the right to appeal the decision of the director to the county administrator. The appeal must be made within 30 days of receipt of such denial. The county administrator shall furnish, in writing, its determination within 60 days of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this section. Such decision shall be deemed the final decision of the county.

(c)

County-initiated adjustments. If the utility fee or an assessment is placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or an assessment may be corrected by the tax collector. If the utility fee or an assessment is not placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or assessment may be corrected by the director. Once the adjustment is finalized, the director shall send documentation reflecting the adjustment to the owner and, if the utility fee or assessment is placed on the tax bill, the documentation will also be sent to the tax collector.

( Ord. No. 18-08 , § 2, 4-17-18)