(A) A utility customer may dispute the correctness of all or part of the monthly billing charged for utility service, in accordance with the procedure set forth in this section. The utility customer aggrieved by an error in the monthly billing shall notify the Utility Billing Office within the time permitted; otherwise, the right to dispute the billing shall be deemed waived. A utility customer who has disputed all or part of a monthly billing, pursuant to this section, shall not be entitled to dispute these amounts when carried forward as a part of a subsequent billing.
(B) The procedure to resolve disputed billing charges shall be as follows.
(1) A customer aggrieved by a monthly billing shall notify the Utility Billing Office in writing within 14 calendar days from the date the billing was issued. The notice shall state the portion of the billing amount which is in dispute, and set forth the reasons the customer believes he is not obligated to pay as billed.
(2) If the Utility Billing Office determines that the dispute is timely filed, and is not an attempt to re- challenge amounts disputed under a previous billing, a representative of the Utility Billing Department shall schedule an informal meeting between the customer and the Utility Billing Manager. This meeting shall be held within seven days from the receipt of the customer's notice, and shall be scheduled at the convenience of the Utility Billing Manager.
(3) The customer and the Utility Billing Manager shall review the utility's records, the customer's allegations, and all other relevant materials available to the Utility Billing Manager. The Utility Billing Manager shall attempt to resolve the dispute in a manner satisfactory to the customer, and shall have full authority to adjust disputed billings where appropriate. If an agreement is reached, a written memorandum stating the terms of the agreement, initialed by the parties, shall be recorded in the Utility Billing Office. If an agreement is not reached, the Utility Billing Manager shall summarize his decision resolving the dispute, and within five days after the meeting mail a copy of his decision to the customer and the Utility Superintendent.
(4) If the decision is unsatisfactory to the customer, the customer shall within five days of receipt of the Utility Billing Manager's decision, file with the Utility Billing Office a written request for a formal hearing before the Utility Superintendent. The customer shall be given notice of the time and place of the hearing and advised to bring all information relevant to the dispute. Hearings shall be scheduled twice monthly on a weekday closest to the fifteenth and twenty-eighth of each month. Failure of the customer to timely request a hearing shall render the decision of the Utility Billing Manager final and binding on the customer and the utility.
(5) At the hearing, the utility and the customer shall be entitled to present all evidence that is, in the Utility Superintendent's view, relevant and material to the dispute, and to examine and cross-examine witnesses. A written record of the hearing shall be maintained.
(6) Based on the record established at the hearing, the Utility Superintendent, within five days of the completion of the hearing, shall issue his written decision formally resolving the dispute. His decision shall be final and binding on the utility and the customer.
(C) Until the date of the Utility Superintendent's or the Utility Billing Manager's decision, whichever is later, the utility shall not terminate the customer's utility service, and shall not issue a notice of termination solely for nonpayment of the disputed amounts.
(D) Utilization of this dispute procedure shall not relieve the utility customer of his obligation to timely and completely pay all other undisputed utility billing charges or installments and surcharges, and the undisputed portions of billings which are the subject of the present dispute. Failure by the customer to timely and completely pay all such undisputed amounts shall subject the customer to termination of utility service in accordance with the provisions of this section.
(Ord. 35-1982, passed 12-14-82)