HomeMy WebLinkAbout03-253 Reconsidered.docAUGUST 26, 2003 RECONSIDER
JULY 22, 2003 AUGUST 12, 2003 03 - 229 03 - 253 ORDINANCE
FIRST READING SECOND READING
(CARRIED___ 5 - 2 ___ LOST___ ___ _ LAID OVER________ WITHDRAWN_______)
PURPOSE: CREATE STORM WATER UTILITY APPEALS BOARD
INITIATED BY: COU NCIL MEMBER HINTZ
A GENERAL 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 Commo n Council of the City of Oshkosh 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pertaining to appeals are repealed and recreated to read as follows: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 sp ecify
all grounds for challenge 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 consi dering 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 Boa rd
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 an d place of the
Board’s consideration 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 ad dressed to the individual
and at the address listed within the appeal. Service is conclusive
upon mailing.
AUGUST 26, 2003 RECONSIDER
JULY 22, 2003 AUGUST 12, 2003 03 - 229 03 - 253 ORDINANCE
FIRST READING SECOND READING CONT’D
10. The decision of the Sto rm Water Utility Appeals Board is final except if the
property 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 ap peal 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 Sec tion 2 - 59.1 of the Oshkosh Municipal Code pertaining to
Storm 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 and 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 2 4 - 14(C) (9) and (10) of this Code.
SECTION 3. For purposes 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 excee d 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
passag e and publication.