Ord 2020-041/Stormwater Utility Ch. 86, Article 8, Division 1 & 2 amendment

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(cd) The user may appeal the decision of the a,.,,;n age advisory board rd director to the city council by filing a written request with the city secretary within ten thirty calendar days of receipt of the director's bom 's decision. The eounei will eansider the request within 30 days of the filing of the request. if the eouneil eouneil will sustain the board's deeision. The eouneil may modify the board's deeision if the eotmeil finds no substantial evidenee s"porting the deeision. if the eotmeil fails to take aetion on the request within 45 days of its filing, the boa-Fd's , eeisio o the request will be deemed fina4. Sec. 86.509. Exemptions. article: (a) The following properties will be exempt from the provisions of this (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property held and maintained in its natural state, until the time that the property is developed. (3) City facilities (b) The user has the burden of proof when claiming an exemption under this article and must provide the director information reasonably required by the director to make a determination. Failure to timely provide information requested by the director is a sufficient reason to deny a requested exemption. Sec. 86.510. Flood; nonpoint source pollution control; liability. Floods from drainage runoff may occasionally occur which exceed the capacity of the drainage system. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur which exceed the capacity of the drainage system. This article does not imply that benefitted properties will always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all possible flood control and water treatment projects to control the quantity and quality of runoff can be constructed cost-effectively. Nothing whatsoever in this article should be construed or be deemed to create additional duties or liability on the part of the city for any damages incurred in any flood or from adverse water quality due to drainage runoff. Nothing in this article should be deemed to waive the city's immunity under state law or affect the need for flood insurance.