(a) Any property owner who disputes the amount of the fees assessed pursuant to this division or who disputes any other determination made by or on behalf of the city pursuant to this article may petition the general manager for a hearing on the revision or modification of such assessment or determination no later than 30 days after having been billed for such assessment or after having been notified of such determination. The general manager may conduct such hearing himself or herself or, at his or her sole discretion, may designate an officer or employee of the city as the hearing officer.

(b) Such petition shall be in writing, and any evidence submitted shall be under oath or affirmation under penalty of perjury. The hearing shall take place not less than 30 days and not more than 60 days from the date of submission of the petition to the general manager. For purposes of this subsection, the applicable time period shall be calculated in accordance with rule 6 of the Colorado Rules of Civil Procedure. The hearing shall be held in the offices of the city or at such other reasonable place as the general manager may designate. Notice of and the procedures to be followed at such hearing shall be in accordance with rules and regulations promulgated by the general manager. The petitioner shall bear the risk of nonpersuasion.

(c) Within 10 days after the conclusion of the hearing, the general manager (or designee) shall make a final decision in accordance with the evidence submitted. Such decision shall be considered a final order of the general manager and may be reviewed under rule 106(a)(4) of the Colorado Rules of Civil Procedure as provided in this article. Before making application to the district court under rule 106(a)(4), the petitioner shall file with the general manager a bond in the amount of the fees due and owing to the city as stated in the final decision with a surety as is provided in cases of attachment under the Colorado Rules of Civil Procedure. Alternately, at his or her option, the petitioner may deposit lawful money of the United States in the same amount with the city. Depending on the location of the property which is the subject matter of the action, the district court of either the 17th or 18th judicial district of the state shall have original jurisdiction under rule 106(a)(4) to review the final decision of the general manager.

(d) Every final decision of the general manager shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within 15 days from the date of the decision. All such decisions shall become effective upon the expiration of 30 days after notice thereof is mailed to or personally served upon the petitioner, unless proceedings for review by the district court are commenced within that time. Service by certified mail, return receipt requested, shall be conclusive evidence of service for purposes of these proceedings. (Code 1979, § 17-20(c); Ord. No. 2023-44, § 44, 9-11-2023; Ord. No. 2005-74, § 1, 10-10-2005)