§ 56.17. ADJUSTMENT OF STORMWATER MANAGEMENT ASSESSMENTS.

(A)

Director. For purposes of this Section, the term "Director" shall mean the Director of Environmental Services or his designee.

(B)

Owner-Initiated Adjustments. Requests for adjustment of the stormwater management assessment shall be submitted to the Director, who shall have authority to adjust stormwater management assessments, to administer the procedures and standards, and to review criteria for the adjustment of such assessments as established herein. In the review of adjustment requests, consideration shall be given to properties with valid surface water management permits indicating the provision of functional retention facilities. The following procedures shall apply to all requests for adjustments of the stormwater management assessment permitted under this Chapter:

(1)

Any owner who believes the stormwater management assessment is incorrect may, subject to the limitations set forth in this Section, submit an adjustment request to the Director.

(2)

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

(3)

The adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the stormwater management assessment. The adjustment request will be reviewed by the Director within a four-month period 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 stormwater management assessment. In the event an adjustment is granted by the Director which decreases the stormwater management assessment, the owner shall be entitled to a refund of the excess stormwater management assessments paid. The refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otherwise.

(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 certified by a professional land surveyor and/or engineering reports approved by a professional engineer and acceptable to the Director. Failure to provide such information may result in the denial of the adjustment request.

(5)

The adjustment to the stormwater management assessment will be made upon the granting of the adjustment request, in writing, by the Director. The document granting the adjustment request will be provided to the owner and will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, a copy of which shall be provided to the owner.

(6)

All nonresidential properties located within the Lake Worth Drainage District with private drainage systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other nonresidential properties with private drainage systems on-site shall be eligible for an adjustment based on on-site retention of stormwater.

(C)

Appeals. All determinations of the Director pursuant to this Section may be appealed to the Board of Appeals. These appeals must be filed within thirty (30) days of receipt of the written determination of the Director. The Board of Appeals shall complete a review within sixty (60) days of receipt of the request for review and shall be evaluated based upon the standards and review criteria set forth in this Chapter. The decision of the Board of Appeals shall be final. The Board of Appeals shall be comprised of the City Manager, the City Engineer, and the Planning and Zoning Director, or their designees.

(D)

City-Initiated Adjustments. Any errors in the stormwater management assessment, or failure to charge a stormwater management assessment, may be corrected by the Director within sixty (60) days after opening of the tax roll for collection. Corrections which result in an increase in the stormwater management assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten (10) days' notice by certified mail and an opportunity to be heard. Once the adjustment is finalized, the Director shall send documentation reflecting the adjustment to the owner and to the Tax Collector.

(E)

Inspections. The City may require an annual inspection of on-site retention-detention facilities on parcels to which an adjustment to the stormwater management assessment has been granted. The owner benefiting from such adjustment shall be required to pay to the City an annual inspection fee in an amount determined by the Director. For the purpose of protecting the health, safety and welfare of the citizens of the City, the Director may cause an inspection of any property within the benefited area. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency exists, as determined solely by the Director.

(Ord. No. 21-90, passed 7/10/90; Am. Ord. No. 8-91, passed 2/26/91; Am. Ord. No. 30-96, passed 9/3/96; Am. Ord. No. 2-00, passed 2/15/00)