§ 12.56.065. Disputes and appeals of cost recovery charges.

Should a facility, person, business or business concern dispute the amount or applicability of any charge or late payment penalty for emergency response cost recovery assessed pursuant to Section 12.56.020, 12.56.050 or 12.56.060 of this chapter, the facility, person, business or business concern shall:

A.

First pay the assessed charges before the payment becomes late to avoid additional penalties;

B.

If applicable, request, within 60 days of the date of the first invoice requesting payment, an inspection by an authorized representative of the chief to verify the conditions or status of the incident leading to the assessment of cost recovery charges. The representative will inspect the facility, incident site and any related records within a reasonable period of time to determine if any change in assessed charges is indicated;

C.

Submit to the chief within 60 days of the date of the first invoice requesting payment, a written request for refund or adjustment of the charge or penalty, including copies of any documentation to justify the claim for refund or adjustment;

D.

If the application for refund or adjustment is denied, the applicant may within 60 days of the denial, apply to the chief in writing for an appeal hearing. The chief shall set a date for an appeal hearing before an appeal board not later than 90 days after the date of the application. Notice of the time and place of the hearing shall be mailed to the person applying not later than 15 days before the date set for the hearing. The chief may request said person to produce specific records at such hearing and the notice may designate records required to be produced;

E.

The appeal board shall be chaired by the chief or his/her designee. The appeal board shall be composed of representatives from the health hazardous materials division and the financial management division of the forester and fire warden. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The appellant shall have the right to present relevant evidence at the hearing. Representatives of the forester and fire warden may, but need not, present relevant evidence. Before the conclusion of the hearing, the chief may but need not, permit other persons to present relevant evidence. The chief may continue the hearing at his/her discretion for the purpose of allowing the presentation of additional evidence;

F.

At the conclusion of the hearing, or within a reasonable time thereafter, the appeal board shall determine, based upon the evidence presented at the hearing, whether to deny the request for refund or adjustment, to make the refund or adjustment as requested, or to make some adjustment to a lesser charge other than that specifically requested. Written notice of the decision of the appeal board shall be given the appellant within 20 days of the conclusion of the hearing.

(Ord. 97-0037 § 12, 1997.)