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(1) Upon application, a person responsible may seek a reduction or elimination of the monthly charge for storm drainage service. Upon submission of appropriate evidence, the City Engineer shall consider the application. The applicant must show to the City Engineer's satisfaction:

(a) The amount of permanent reduction to the runoff for the property due to the retention system; and/or

(b) The amount of storm water being discharged directly from the property into Bear Creek.

(2) Elimination of the monthly charge may only be made for (a) above. Discharge directly to Bear Creek will not result in an elimination of the fee, but only a reduction.

(3) Any reduction or elimination given shall continue until the property is further developed or until the City Engineer determines the property no longer qualifies for the reduction or elimination granted. Upon further development of the property another application may be made by a person responsible. Any applicant aggrieved by the City Engineer's decision may appeal to the City Council by filing with the City Recorder a written request for review as provided in Section 1.025.

(4) The owner of any property for which the storm drain fee has been reduced or eliminated consents to entry and inspection by the City or its agents as necessary to confirm that the fee adjustment is warranted.

[Amd. Sec. 3, Ord. No. 7618, Apr. 21, 1994; Amd. Sec. 10, Ord. No. 2005-228, Oct. 6, 2005; Amd. Sec. 2, Ord. No. 2012-195, Dec. 20, 2012.]