(A) An
UNUSUAL CIRCUMSTANCES CASE is defined as a situation in which the strict implementation of the water and/or sewer regulations or fees shall defeat the policy or rationale underlying the regulations or fees.
(B) (1) The Town Manager shall have the authority to modify or waive the water and sewer regulations and/or fees in unusual circumstances cases when the amount requested to be waived does not exceed $3,000. A decision of the Town Manager is final and may not be appealed to the Town Council, even if the Town Manager refuses to waive or make any adjustment in the amount in question. However, in cases in which the Town Manager has declined to exercise authority or where the amount a current customer seeks to have waived or modified exceeds $3,000, the request shall be referred to the Town Council for action. The Town Council may waive or modify the amount up to a total of $15,000, and may authorize repayment of any amount which is not waived in equal installments over a period of up to eight months. For the Town Council to exercise any authority under this section, it must conclude that the cause of the unpaid bill was beyond the control of the customer, that the customer acted expediently in the case of a leak once the existence of the leak was discovered, and that the customer has acted in good faith and with an interest in minimizing any loss of water to the town’s system. In general, neither the Town Manager, nor the Town Council, should waive any portion of an unpaid amount which has accrued over a period exceeding three billing cycles.
(2) The Director of Public Utilities shall provide the Town Manager with a written report summarizing the unusual circumstances and providing his or her recommendation. In each case in which Town Council approval must be sought, the Director of Public Utilities shall also provide the Town Council with the report and recommendation.
(C) In cases in which the amount sought to be waived is caused by a water leak and the amounts incurred by the customer relate to both water and sewer charges, the Town Manager can also modify and waive the indebtedness relating to the sewer charges without limit, if it is determined that none of the water for which the charges are waived actually discharged into or impacted the sewer system.
(Ord. passed 6-21-2011; Ord. passed 2-21-2019)