Neuenmarkt introduces fee splitting

Neuenmarkt introduces fee splitting

Introduction of the split wastewater fee. What looks like a simple arithmetic task at first glance is a huge challenge for a community. This is now also imminent for the neuenmarkt administration after the works committee decided that in future not only consumption but also the proportion of precipitation water will be taken into account when calculating the notices. "There is a lot of work ahead of us", says head of administration sven schirner about this decision.

Dieter sachs is convinced that the fact that it has finally come to this is only due to the legal dispute he is having with the municipality. The 66-year-old had already lodged an objection at the end of april against the decision on his wastewater charges, which in neuenmarkt have always been calculated on the basis of water consumption. "Unsocial sachs calls this regulation, because thereby the sealing of surfaces by commercial enterprises is demanded and the flood danger is increased.

Lawyer called in

At first he waited in vain for an answer. When the three-month deadline set by the administrative court regulations had passed, sachs commissioned the bayreuth law firm of hieber und kollegen to file an action for a declaration of nullity. Lawyer roland konrad set the municipality a deadline of 10. October to make a decision on his client’s appeal.

Sickness, vacation, elections

As a result, on 1. October the lawyer of the new marketer received a letter from mayor siegfried decker. The latter asked for a deadline extension until 9. November and justified his request with the illness of a clerk, vacation of the head of the municipal utilities and the handling of the state and district elections. Konrad understands the problems arising from a thin personnel cover, but to him the letter sounded "very much like a time delay". Dieter sachs agrees: "what do the elections have to do with it??"

After his lawyer of the opposing side until 12. November "one last chance last friday, a letter from the municipal works, signed by works manager robert behrendt, was received, stating that, …"That although the appeal was filed in due form and time, it is not substantiated on the merits and therefore cannot be overruled," the 66-year-old said.

Independently of this, behrendt referred to the decision of the works committee "for ecological reasons and for flood protection, to introduce the split wastewater charge for the drainage system of the districts of neuenmarkt and hegnabrunn in the future". Extensive preparatory work is required, which will take a corresponding amount of time.

"An absolute hammer", judges the neuenmarkter, which maintains its objection against the sewer decision. "That’s six months of inactivity. I don’t even need an hour to write such a letter."

What happens now? Why has dieter sachs not received an answer for so long?? How much time does the preparatory work take??" Yesterday, head of administration sven schirner asked for understanding that he would not say anything about the specific case due to the new basic data protection regulation. But in general he could state that there is a so called remedy procedure if someone appeals against a fee decision. If remedy is not possible within a reasonable time, an interim notice will be given. Depending on the facts of the case, either the works committee or the municipal council is responsible in neuenmarkt.

District office next instance

If the respective board considers the first decision to be lawful, the appeal will be forwarded to the district office.

There will now also land the entry of dieter sachs. "If I get right, they must change my fee decision", says the 66-year-old, who knows that splitting is not a simple matter. "There must be calculated for each plot of land the roof areas, sealed and partially sealed areas. But why wasn’t this done ten years ago??", he asks.

Before the heavy rainfall events in 2014, head of administration schirner admits, people were not yet aware of the situation. Because of the flood problems, the new regulation, which is being introduced in the new market independently of the 12 percent regulation (see infobox), is certainly not wrong."But it remains to be seen whether the people save anything. And you mustn’t just look at the supermarkets, we also have medium-sized companies and farms that have sealed off rough areas.", according to schirner, the first thing to do is to establish a procedure for recording these flats.

How is determined?

This could be done, as practiced by the market mainleus, by an aerial survey, but alternatively the determination was also possible by self-reporting of the citizens or by the so-called area runoff coefficients, which must be determined by an engineering firm. Schirner: "we will be informed and advised in detail."

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