13.30.070 Rate adjustments and appeals.
(1) Any person billed for service charges may file a “request for rate adjustment” with the Department of Public Works within three years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
(2) Requests for rate adjustment may be granted or approved by the Director only when one of the following conditions exists:
(a) The parcel is owned and is the personal residence of a person or persons determined by the County Assessor as qualified for a low-income senior citizen property tax exemption authorized under RCW 84.36.381. Parcels qualifying under this subsection (2)(a) shall be exempt from all charges imposed in CMC 13.30.060(3);
(b) The acreage of the parcel charged is in error;
(c) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the Department;
(d) The parcel is nonresidential and the parcel meets the definition of open space in CMC 13.05.295. Parcels qualifying under this subsection (2)(d) will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;
(e) The parcel is served by one or more retention/detention facilities required pursuant to Chapter 13.25 CMC, or can be demonstrated by the property owner to provide detention/retention of surface and stormwater to the standards in Chapter 13.25 CMC, and is maintained at the expense of the parcel owner to the standards required by the Department. Nonresidential parcels except in the light category qualifying under this subsection (2)(e) shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Nonresidential parcels in the light rate category qualifying under this subsection (2)(e) shall be charged at the rate as outlined in the current fee resolution. Residential parcels and parcels in the very light category qualifying under this subsection (2)(e) shall be charged a rate as outlined in the current fee resolution;
(f) The parcel is owned or leased by a public school district, which provides activities which directly benefit the surface water management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface and stormwater management system. The amount of the rate adjustment shall be determined by the Director based upon the cost of the activities to the school district but not to exceed the value of the activity to the surface water management program. The Department will determination which activities qualify for the surface water management service charge reduction. Reductions in surface water management service charges will only be granted to school districts, which provide programs that have been evaluated by the Department. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district; or
(g) The service charge bill was otherwise not calculated in accordance with this chapter.
(3) The property owner shall have the burden of proving that the rate adjustment sought should be granted.
(4) The applicant shall be notified in writing of the Director’s decision. If an adjustment is granted which reduces the charge for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.
(5) If the Director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under CMC 13.30.090. The Director may include in the bill the amount undercharged for two previous billing years in addition to the current bill.
(6) Decisions of the Director on requests for rate adjustments shall be final unless within 30 days of the date the decision was mailed the applicant submits in writing to the Director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the City of Covington Hearing Examiner. The Examiner’s decision shall be a final decision pursuant to CMC 14.35.080. (Ord. 13-09 § 14; Amended at request of department 2/08; Ord. 20-07 § 49; Ord. 37-02 § 2 (9.08.080))