Adjustments to user fees.

Indianapolis-Marion County Revised Code § 131-415

in effect

Sec. 131-415. - Adjustments to user fees. (a) Any person subject to this article may petition the director of the department of public works for an adjustment of the user fee assessed against him, provided: (1) That the petitioner has paid the disputed user fees in full; and (2) That the petitioner has good cause to believe such user fees were erroneously assessed against him; and (3) That the director has received written notice of appeal within six (6) months of the petitioner's receipt of the bill for the disputed user fees; and (4) That the director has received within six (6) months of the petitioner's receipt of the bill a brief statement of fact demonstrating the petitioner's right to an adjustment of the user fees. (b) (1) The director shall appoint an account review officer (ARO) to review such petitions and to recommend action to be taken on such petitions. The ARO shall consider the petitioner's statement of fact, as well as any other relevant and material evidence available, in determining whether the petitioner is entitled to an adjustment. (2) The ARO shall notify the petitioner of the recommendation for action to be taken on the petition. The petitioner may request a hearing to contest the recommendation, provided the petitioner makes a written request for a hearing to the ARO within fifteen (15) days of the petitioner's receipt of the notification of recommendation. (3) An informal hearing before the ARO shall be held within fifteen (15) days of the ARO's receipt of request for hearing. The petitioner may present any evidence that is, in the ARO's view, relevant and material to the dispute. (4) Based on the petitioner's statement of fact, evidence presented at the hearing, and any other relevant and material evidence available, the ARO shall issue a recommendation to the director of the action to be taken on the petition for adjustment. (c) The director shall issue a final determination denying, modifying, or granting the petition for adjustment within one hundred twenty (120) days of the director's receipt of the petition for adjustment. If the director fails to issue a final determination within one hundred twenty (120) days, the petition shall be considered denied. (d) The petitioner may appeal the director's final determination to the board of public works, provided that the board has received written notice of appeal within thirty (30) days of the petitioner's receipt of the director's final determination. (e) The board shall notify the petitioner of the time and place of a hearing on petitioner's appeal. The petitioner shall have the burden of proving that the disputed user fees were erroneously assessed. (f) The board shall consider any relevant and material evidence available in determining whether the petitioner is entitled to an adjustment. (g) The board may grant, deny or modify the petition for adjustment as it deems necessary. Upon finding that the disputed user fees were erroneously assessed, the board shall make adjustments in the disputed user fees. The board may, in its sole discretion, make such adjustments in the form of a refund or a credit against subsequent assessments of the user fees provided for in this article. (Code 1975, § 13-305; G.O. 15, 2001, § 4)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH131FE_ARTIVSPTADIFE_DIV1SOWADIUSFE_S131-415ADUSFEFetched: 10/27/2026