§ 5-6-238. Petitions for adjustment.

(a)

Any property owner subject to the stormwater utility fee may request an adjustment to the fee by submitting a request in writing to the director within 30 calendar days after the date the bill mailed or otherwise issued to the property owner. Grounds for adjustment of the stormwater utility fee are limited to the following:

(1)

an error was made regarding the square footage of impervious area on the non-residential or multi-family property, or the large single family residential detached property;

(2)

an error was made regarding the type of single family residential property;

(3)

the property is entitled to a full waiver under section 5-6-233(f);

(4)

there is a mathematical error in calculating the stormwater utility fee;

(5)

the identification of the property owner invoiced is in error; or

(6)

an approved credit was incorrectly applied.

(b)

The property owner shall complete a stormwater utility fee adjustment application form in a format approved by the director.

(c)

If the application alleges an error in the amount of impervious area for a non-residential or multi-family property, or for large single family residential detached property, the city will provide a plan view of the property's impervious area to the applicant. If the property owner contends that the amount of impervious area is in error, the owner may:

(1)

request a meeting with the director; and/or

(2)

submit an appeal with a revised plan signed and sealed by a professional engineer or professional land surveyor licensed to practice in the Commonwealth of Virginia attesting to the accuracy of the impervious area measurements.

(d)

the requirement for a plan view of the parcel's impervious area required in subsection (c) above may be waived by the director, if at the sole discretion of the director the error is obvious and is the result of a technical error or oversight by the city. In such case, the city shall be responsible for recalculating the impervious area of the property.

(e)

The director shall make a determination within 30 calendar days of receipt of a complete submittal for the request for adjustment. In the event that the director finds that the submittal is deficient or incomplete, the director will notify the applicant with an offer of 30 calendar days to supply the missing information. The 30-calendar day time for a decision will begin at such time as the requested information is provided. If the information requested is not provided to the director within 45 calendar days of the original request, the petition will be deemed withdrawn.

(f)

A decision by the director on a petition for adjustment is a final decision from which an aggrieved party may appeal to the Circuit Court of Alexandria, Virginia. (Ord. No. 5060, 5/4/17, Sec. 1, eff. 1/1/18)