§ 30-330. Appeal procedure.

(a)

Any persons disagreeing with the calculation of the drainage fee, disagreeing with whether their property is served by the stormwater and surface water utility or who believe they are entitled to a credit pursuant to guidelines adopted by the unified government commission, may appeal such calculation or finding to the director. Appeals must be in writing. The director or his designee shall thereafter hold an informal hearing. The director or his designee, prior to such hearing, may request that the appealing party provide information concerning the basis of the appeal, including a land survey prepared by a registered surveyor showing dwelling units, total property area, and impervious area as appropriate, if such information is deemed to be material by the director or designee. The director or his designee may consider any relevant evidence. Based on information provided, the director or his designee shall make a determination as to whether the drainage fee should be adjusted or eliminated for such property. The director or his designee shall notify parties in writing of the director's or his designee's decision.

(b)

Right to appeal; appeal board; appeal hearing.

(1)

A person shall have the right to appeal the decision of the director to the stormwater and surface water utility appeals board. Such appeal shall be made within 20 days of the date the director notifies the person of the director's decision in the informal proceedings. Such appeal shall be in writing and shall be filed with the director.

(2)

The stormwater and surface water utility appeals board shall consist of the following members: the county administrator or his designee, the county engineer or his designee, the director of public works or his designee.

(3)

A hearing on such appeal shall be held within 30 days from the date the notice of appeal is received and the applicant shall be given seven days' advance notice of the time and date the appeal hearing is to be held. At such hearing, the appellant shall present evidence concerning the drainage fee for the property in question and the director and/or his designee shall present evidence concerning their findings from the informal proceedings. The stormwater and surface water utility appeals board shall render a decision in writing that sets forth findings that support their decision within seven days of the hearing. The decision of the stormwater and surface water utility appeals board shall be final and any further appeal of such decision shall be to the Judicial District Court of the state by way of the provisions of K.S.A. 60-2101(d).

(Ord. No. O-56-08, § 1(30-330), 7-31-2008)