46A-10B-25. Owner's right to dispute fees or other determinations--Petition and hearing.
Any owner who disputes the amount of a stormwater utility fee or a stormwater basin fee made against the owner's property or who disputes any determination made by the governing body pursuant to this chapter may petition the governing body for a hearing on a revision or modification of the charge or determination. The governing body may hold the hearing or may designate an officer or employee as a hearing officer with authority to hold the hearing. A petition may be filed only once in connection with any charge or determination, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition.
The petition shall be in writing, filed with the governing body, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the governing body. The hearing, if any, shall take place in the district, and notice of the hearing and the proceedings shall be in accordance with ordinances adopted by the governing body.
Source: SL 1989, ch 388, ยง31.
Structure South Dakota Codified Laws
Chapter 10B - Drainage Basin Utility Districts
Section 46A-10B-1 - Definition of terms.
Section 46A-10B-3 - Joint powers agreement required.
Section 46A-10B-4 - Joint powers agreement--Contents.
Section 46A-10B-4.1 - Amendment to agreement--Adding to or deleting from district.
Section 46A-10B-5 - Hearing required--Timing and attendance.
Section 46A-10B-6 - Publication of proposed agreement or amendment prior to hearing--Contents.
Section 46A-10B-7 - Approval and execution of agreement--Establishment or adjustment of district.
Section 46A-10B-8 - Boundaries.
Section 46A-10B-10 - Certain actions prohibited without county or municipal government approval.
Section 46A-10B-11 - Required notice--Contents.
Section 46A-10B-12 - Drainage basin utility district as municipal utility.
Section 46A-10B-13 - Additional administrative powers of governing body.
Section 46A-10B-14 - Effect of chapter upon Water Management Board and certain other state laws.
Section 46A-10B-15 - Establishment of district no guarantee flooding or damage will be eliminated.
Section 46A-10B-17 - Benefit versus cost analysis required.
Section 46A-10B-18 - Adoption of master drainage plan and stormwater map--Contents--Revisions.
Section 46A-10B-19 - Solicitation of entities to carry out plan--Furnishment of maps.
Section 46A-10B-23 - Fees deposited in fund--Purpose.
Section 46A-10B-25 - Owner's right to dispute fees or other determinations--Petition and hearing.
Section 46A-10B-26 - Reduction of fees upon completion or implementation of plan.
Section 46A-10B-27 - Application of fees or charges.
Section 46A-10B-28 - Accumulation of funds authorized.
Section 46A-10B-29 - Issuance of bonds authorized.
Section 46A-10B-30 - Drainage report and construction plans--Requirements for subdivision approval.
Section 46A-10B-31 - Contract with developer--Reimbursement of actual costs incurred.
Section 46A-10B-36 - Dissolution of district.
Section 46A-10B-37 - Content and form of petition for dissolution.
Section 46A-10B-38 - Filing of petition.
Section 46A-10B-39 - Publication of petition prior to filing--Content.
Section 46A-10B-40 - Authority of circuit court to dissolve district.
Section 46A-10B-41 - Petition to suspend or cancel project--Content and form.
Section 46A-10B-42 - Publication of petition to cancel or suspend project--Requirements.
Section 46A-10B-43 - Authority of circuit to suspend or cancel project--Amendment of master plan.