Appeal of impervious area assignment.

San Antonio City Code § 34-1116

in effect

Sec. 34-1116. - Appeal of impervious area assignment. (a) A user may appeal the impervious area assigned to the user's benefitted property by submitting the request to the assistant director or his designee on a prescribed form. If the appeal results in a reassignment of impervious area to the benefitted property, the user will be entitled to a recalculation of drainage utility charges which may result in a rate adjustment. (b) The following procedures shall apply to all appeals of impervious area assignments: (1) The user shall have the burden of proof. (2) The director shall develop a prescribed form for users to appeal the amount of impervious area assigned to a benefitted property. The appeal shall be submitted to the assistant director or his designee following the procedure outlined below. (3) Any appeal of impervious area assignment shall be in writing and set forth in detail the grounds upon which relief is sought. (4) Appeals of impervious area assignments will be reviewed by the assistant director or his designee within twenty (20) business days from the date of receipt on the prescribed form. Following the twenty (20) day review period, the assistant director may request additional information necessary to make a determination as prescribed in subsection (b)(6). Any adjustment to drainage utility charges resulting from such an appeal shall be prospective, but may be made retroactive for no more than three (3) billing periods prior to the receipt of the appeal. (5) The user requesting a reassignment of impervious area may be required, at the user's cost, to provide supplemental information to the assistant director, including, but not limited to, survey data certified by a Texas Registered Professional Land Surveyor (R.P.L.S.), design data certified by a Registered Professional Engineer (P.E.) licensed to practice in the State of Texas, or other documentation of impervious area. Failure to provide requested information may result in the denial of the appeal. (6) The assistant director's resolution of the appeal shall be provided to the user, in writing, within ten (10) business days following review of the initial request as described in subsection (b)(4). If the user is successful in the appeal, the assistant director shall order the reassignment of impervious area to the benefitted property consistent with the resolution of the appeal. The assistant director shall also order the recalculation of drainage utility charges which may result in a rate adjustment. If the recalculation results in a rate adjustment it will be granted effective the next billing period. (c) If the assistant director denies the request to reassign impervious area to the benefitted property, the user may, within ten (10) business days from the date of notification, appeal the decision to the director. The appeal shall be in writing, contain a succinct and clear statement of the user's argument and suggested remedy, and be filed with the director's office. The director shall have fifteen (15) business days from the date the appeal is received to review the appeal, make a determination, and notify the user. (d) Before imposing a lien for delinquent drainage utility charges, the city shall send notice to the owner of the benefitted property stating the amount of the charges owed, and of the owner's right to appeal the placement of the lien by producing evidence the delinquent charges are not rightfully owed, by providing such within ten (10) business days from the date of notification to the director. The director shall not file the lien if the owner shows that the drainage utility charge made the basis of the lien is not owed. When a person pays all of the charges, a lien filed pursuant to this article, shall be released. The paying party shall be responsible for the filing costs of the release. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTVIIDRUT_DIV2ADDRUT_S34-1116APIMARASFetched: 10/27/2026