(A) Each customer of the Town Wastewater Department and/or water utility shall be granted a leak adjustment reducing that actual combined billing to an amount equal to that customer’s average anticipated combined billing for that billing period, plus $20, upon written request for that adjustment on forms supplied by, and to be filled out completely and filed with the Clerk-Treasurer within 90 days of the date the customer knew or should have known of that actual combined bill for which the leak adjustment is requested if he or she establishes to the reasonable satisfaction of the Clerk-Treasurer that:
(1) As the result of deterioration, malfunction, other physical damage or vandalism of that customer’s water distribution system on the customer’s side of the water meter (the “cause”) that customer’s average anticipated monthly billing period’s water usage is exceeded for a billing period by enough to result in an actual combined billing for water and wastewater for that billing period which is more than $20 above the customer’s anticipated combined billing for that billing period based on actual circumstances and prior usage as established to the reasonable satisfaction of the Clerk-Treasurer;
(2) The circumstance is not the result of or materially contributed to by an intentional act or the gross negligence of the customer, a contractor hired by the customer, or an occupant, tenant or permittee of the property served through that meter; and/or
(3) The “cause” is not visible or detectable on the customer’s premises except by disturbance of the property and/or is reasonably believed to have been eliminated using adequate materials, workmanship and/or preventative measures as appropriate.
(B) Determination of the Clerk-Treasurer with regard to granting leak adjustments may be appealed to the Council. Determinations of Council shall be final.
(C) Not more than one leak adjustment (which may be included within either one or two consecutive billing period(s)) shall be allowed in any consecutive 12 monthly billing periods.
(Prior Code, § 172.11)
(D) No leak adjustment shall be granted in violation of applicable state authority, including but not limited to, I.C. 8-1.5-3.5 and its successor provisions, as same are then in force and applicable.
(Ord. 1999-3, passed 6-8-1999; Ord. 2011-4, passed 3-14-2011)