§ 24-442. Stormwater utility service charge appeals.

Any customer who believes the provisions of this article have been applied improperly may appeal in the following manner:

(a)

An appeal must be filed in writing with the director by hand delivery or mail to City of Cartersville Public Works, P. O. Box 1390 (330 S. Erwin Street), Cartersville, Georgia 30120, within forty-five (45) days of the decision or receipt of written determination from which the appeal is taken. In the case of service charge appeals, the appeal shall include the Bartow County Tax Assessors parcel number and an accurate map or drawing containing information on the total property area, the impervious surface area, and any other features or conditions which may be of importance in determination of the validity of the appeal.

(b)

Within fifteen (15) business days after receipt of the appeal, the director shall make a written final decision with respect to the appeal. The decision will be of sufficient content to set forth the basis for the determination.

(c)

Appeals from the final decision of the director shall be made to the mayor and city council within thirty (30) days of receipt by the appellant of the director's decision. Delivery by hand or certified mail to, or posting upon the property at, the address given by the appellant in the application for relief shall constitute "receipt by the appellant" under this provision.

(d)

The mayor and city council shall thereafter hold a hearing on the appeal within forty-five (45) days provided that at least two (2) weeks written notice thereof can be given to the appellant. The mayor and city council shall decide the issue within a reasonable time following the hearing, but in no case more than thirty (30) days following the hearing, unless the appellant agrees to an extension to a later date. Any party making an appeal shall have the right to appear at the hearing to present evidence and may be represented by counsel.

(e)

The appeal process contained in this section shall be a condition precedent to an aggrieved customer seeking judicial relief. Any decision of the mayor and city council may be reviewed upon application for writ of certiorari before the Superior Court of Bartow County, filed within thirty (30) days of the date of service of the decision.

(Ord. No. 74-06, § 1, 11-2-06)