HomeMy WebLinkAbout03-253.docJULY 22, 2003 AUGUST 12, 2003 03 - 229 03 - 253 ORDINANCE
FIRST READING SECOND READING
(CARRIED________ LOST___ 2 - 4 ___ LAID OVER________ WITHDRAWN_______)
PURPOSE: CREATE STORM WATER UTILITY APPEALS BOARD
INITIATED BY: COUNCIL MEMBER HINTZ
A GENERA L ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTIONS 24 - 14(C)(9) and (10) PERTAINING TO APPEALS AND
CREATING SECTION 2 - 59.1 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO
STORM WATER UTILITY APPEALS BOARD
The Common Council of the City of Osh kosh does ordain as follows:
SECTION 1. That Sections 24 - 14(C) (9) and (10) of the Oshkosh Municipal Code
pertaining to appeals are repealed and recreated to read as follows:
9. The decision of the city manager is final except if the property owner appeals
the decision to the Storm Water Utility Appeals Board by filing a written
appeal with the city clerk no later than thirty (30) calendar days after the date
of mailing the decision of the city manager. The written appeal shall specify
all grounds for challe nge to the city manager’s decision and shall state the
amount of charge that the appellant considers to be appropriate. Failure to
timely and properly appeal shall deprive the Board of jurisdiction to hear the
appeal.
a. In considering an appeal, the Storm Water Utility Appeals Board
shall determine whether the stormwater utility charge is fair and
reasonable and, in the event the appeal is granted, whether or not a
refund is due the appellant and the amount of the refund. The Board
shall consider the appeal pursuant to its rules for procedure in
existence at the time of consideration. The city clerk or designee
shall provide written notice no later than five (5) business days to
the address listed within the appeal of the time and place of the
Board’s consi deration of the appeal. The Board shall base its
decision solely upon the information presented at its meeting. The
city clerk or designee shall notify the appellant in writing of the
Board’s determination by first class mail addressed to the individual
an d at the address listed within the appeal. Service is conclusive
upon mailing.
JULY 22, 2003 AUGUST 12, 2003 03 - 229 03 - 253 ORDINANCE
FIRST READING SECOND READING CONT’D
10. The decision of the Storm Water Utility Appeals Board is final except if the
prope rty owner appeals the decision to a court of competent jurisdiction.
Such appeal shall be filed no later than thirty (30 calendar days after the
date of mailing the decision of the Board. Such appeal shall be by writ of
certiorari and the reviewing court shall be limited solely to the record created
before the Board. Costs, but not attorney fees, shall be awarded to the
prevailing party, at the sole discretion of the court.
SECTION 2. That Section 2 - 59.1 of the Oshkosh Municipal Code pertaining to
Sto rm Water Utility Appeals Board is created to read as follows:
STORM WATER UTILITY APPEALS BOARD
SECTION 2 - 59.1
(A) Membership and Terms
The Storm Water Utility Appeals Board shall consist of five (5) members appointed
for a term of three years.
(B) Functions an d Duties
The Board shall provide advice and recommendations to the Council concerning
stormwater utility planning, projects, rates and credits, and shall conduct all
appeals, pursuant to Sections 24 - 14(C) (9) and (10) of this Code.
SECTION 3. For purpos es of initial appointments:
a. one person shall be appointed to serve a term not to exceed one year,
whose term shall expire on May 31, 2004;
b. two people shall be appointed to serve a term not to exceed two years,
whose terms shall expire on May 31, 2005;
c. two people shall be appointed to serve a term not to exceed three years,
whose terms shall expire on May 31, 2006.
SECTION 4. This ordinance shall be in full force and effect from and after its
passage and publication.