§ 18-111. Appeals, hearings.

(a)

In the event that a property owner is aggrieved by a written decision from the DPW denying an application for abatement in whole or in part, or denying an application for a credit, in whole or in part, the property owner shall have 30 days from the date of the written decision to file an appeal to the board of public works. The appeal shall be in writing and shall specify the grounds thereof. Upon the filing of the notice of appeal with the DPW, the department shall forthwith transmit to the board of public works all documents constituting the record upon which the particular decision was made. The board of public works shall set a date for hearing which shall be within 90 days of the date of the filing of the appeal and notice thereof setting forth the place, date and time of hearing shall be sent to the property owner no less than ten days prior to the hearing date. The board of public works shall render a written decision within ten days of the conclusion of the hearing affirming the action of the department or reversing the action. If reversing the denial of an abatement, the decision shall specify the sum to be abated, which shall not exceed the amounts paid. If reversing the denial of a credit, the decision shall specify the credit to be applied prospectively against future charges unless the property owner has paid the full amount of the stormwater utility fee as charged and has also requested an abatement.

(b)

In the event that a property owner fails to pay the stormwater utility fee as charged and the city utilizes the process set forth in M.G.L.A. c. 83, §§ 16A through 16F to collect the unpaid charges, the property owner shall have the right to seek an abatement by filing an application for abatement with the board of public works in accordance with the remedy specified in M.G.L.A. c. 83 § 16E with a copy delivered to the board of assessors. The application for abatement shall conform to the requirements for a notice of appeal as set forth in subsection (a), above, and the process for a hearing before the board of public works, including the applicable time limits, shall be as set forth therein. In the event that the board of public works denies the abatement, in whole or in part, it shall, in its written decision, include a statement notifying the property owner of the right to seek a review of the decision by the filing of an appeal with the appellate tax board of the Commonwealth of Massachusetts within three months of the date of the decision of the board of public works. As the right to Appellate Tax Board review under this subsection is derived from applicable sections of the General Laws as contained in chapters 59 and 83 thereof, to the extent that the terms of this ordinance conflict with the terms specified therein, the terms specified in the General Laws control.

EXHIBIT A

Residential Rates	$20.00 annually; $5.00/quarter
Nonresidential Rates	$0.045 per square foot impervious surface; $100.00 minimum annually, $640.00 maximum annually

 

Stormwater Utility Fee Structure

(Ord. No. 1623, 4-2-15)