A.
Any person whose legal rights, duties, or privileges
are determined by the City pursuant to this chapter or a rule promulgated
pursuant to this chapter, and who is aggrieved by the City's determination,
may appeal to the Stormwater Appeals Board for relief of that grievance.
An appeal shall be made according to the procedure set forth in this
chapter.
B.
The Stormwater Appeals Board shall consist of the
Director of the Department of Public Works; the City Administrator;
and the City Engineer; or their designees. Meetings of the Stormwater
Appeals Board shall be in person and shall be open to all interested
parties.
A.
An appeal shall be in writing, shall be addressed
to the Stormwater Appeals Board, to the Department of Public Works,
and shall be received within 20 days of the decision or act that is
the subject of the appeal. The appeal shall be made in triplicate,
shall set forth the specific act or matter complained of and in dispute,
and shall include all documentation that supports the appellant's
position. The appellant may be required to post a fee at the time
of filing to cover the cost of processing the appeal.
B.
Within 30 days of receipt of a written appeal, the
Department of Public Works shall acknowledge such receipt in writing,
and shall set a day and time for an appellate hearing to be conducted
in accordance with Subsection D. If appropriate, the Department of
Public Works may schedule a conciliation meeting with the appellant
in accordance with Subsection C.
C.
Conciliation meeting.
(1)
The purpose of a conciliation meeting is to attempt
to resolve the matter before an appeal is forwarded to the Stormwater
Appeals Board. If a conciliation meeting is held, it shall occur as
soon as practicable, at the mutual convenience of the parties. Conciliation
meetings shall be open to all interested parties and their representatives.
(2)
After a conciliation meeting, if the appellant or
the Department of Public Works determines that an appeal cannot be
resolved through a conciliation meeting, the parties shall so inform
the Stormwater Appeals Board in writing, and an appellate hearing
shall be conducted in accordance with Subsection D. Additional conciliation
meetings shall not be necessary.
D.
Hearing procedure.
(1)
A notice shall be sent to the appellant at least 10
days prior to the hearing. The notice shall include:
(2)
At the hearing, the Stormwater Appeals Board shall
receive testimony and evidence provided by the appellant, the City
and/or others as the Stormwater Appeals Board deems necessary. During
the hearing, the Stormwater Appeals Board shall not be bound strictly
by the rules of evidence that would apply in a court, but shall have
the authority to receive such evidence as deemed relevant and material.
The Stormwater Appeals Board may give the evidence as is received
such weight and probative value as, in the Board's discretion, is
deemed proper.
(3)
Within 30 days after the hearing, the Stormwater Appeals
Board shall render a decision in writing. This thirty-day period may
be extended for good cause. The decision shall include a brief statement
of factual matters at issue, the nature of the testimony and evidence
received, and a decision as to whether the Board affirmed, rescinded,
or modified the decision or action at issue.
(4)
The decision of the Stormwater Appeals Board shall
be final and enforceable at law. A person aggrieved by a final decision
of the Stormwater Appeals Board may seek judicial review of the decision
by the Wayne County Circuit Court. A petition for judicial review
shall be filed not later than 60 days following the receipt of the
final decision of the Stormwater Appeals Board. An aggrieved person
shall exhaust all administrative remedies provided in this chapter
before seeking judicial review.
All prior existing ordinances adopted by the
City of Rockwood inconsistent or in conflict with the provisions of
this chapter are, to the extent of such conflict or inconsistency,
hereby expressly repealed.
This chapter shall become effective upon approval
of the City Council. Any project that has been assigned an active
review number by the Permit Section as of the effective date shall
be exempt from the requirements of this chapter.
Unless otherwise specifically provided in this
chapter, the provisions of this chapter shall control over less stringent
rules of the Michigan Department of Environmental Quality, unless
contrary to law.
Nothing in this chapter or any rule promulgated
pursuant to this chapter shall be construed to reduce, abate, alter,
modify, amend, or affect any duty or obligation to preserve and protect
the environment, including the Huron River Watershed and other waters
of the state; to control soil erosion and sedimentation; to protect
wetlands; or to prevent air, water, or other pollution.