(a) Customers and consumers shall have the right to request a hearing orally or in writing for the reasons and purposes set forth in this section. The request for a hearing shall be made by the customer or consumer or person acting on their behalf at the Water Department to any employee during regular business hours. The City reserves the right to require that the applicant sign a request for hearing form. Whenever a customer or consumer timely requests a hearing, regarding the right of the City to terminate water service to a unit, the City shall not terminate the water service during the pendency of the hearing, nor unless and until authorized to do so by the decision of the Board of Water Appeals or upon prior settlement of the dispute. A consumer who is not a customer may not dispute at a hearing the City’s claim of a delinquency in the water system account of the customer.
(b) The customer/consumer shall be informed, in writing, by the City of all standards and procedures pursuant to which the hearing will be conducted; i.e. all of the standards and procedures set forth in this section. The written notice shall be served upon the customer/consumer by the City within thirty-five working days of the date on which the customer/consumer requested the hearing.
(c) The customer/consumer shall be informed by the City of the date of the hearing which shall be held within ten working days of the date on which the customer/consumer requested the hearing, but not sooner than five working days after the date on which the City serves written notice of the hearing date on the customer/consumer, unless the customer/consumer requests a continuance of the original hearing date and there is good cause shown for this request. When such continuances are granted, the original hearing date shall be continued to a second date, which shall be within thirty-three working days of the original hearing date.
(d) During regular business hours of the Water Department the customer/consumer may, at any time prior to the hearing, inspect and copy at his expense any records in the possession of the City which are relevant to the issue about which a hearing has been requested. At least two working days prior to the hearing date, the customer/consumer also may request of the Water Department that the City test and/or read the water meter in issue, and if so requested, the City shall honor the request.
(e) If both the City and the customer/consumer desire to have an informal conference for the purpose of resolving the dispute for which a hearing has been requested, the City and customer/consumer may hold such a conference, at a mutually agreeable time and location, at any time prior to the hearing. Any agreement reached by the City and the customer/consumer during an informal conference shall be reduced to writing by the City and shall include, among other things, the terms of the agreement, the signature of the representative from the City and the customer/consumer, and if appropriate, a waiver of the hearing requested by the customer/consumer. The Director of Administration or his authorized representative may correct, adjust, or reduce a disputed bill at an informal conference. In no case shall such correction, adjustment or reduction be in excess of fifty percent (50%) of the amount billed or less than the minimum charge for the billing period, whichever is greater. Any adjustment correction or reduction shall be documented in writing setting forth the specific reasons in support of the adjustment, correction or reduction. (Ord. 97-9020. Passed 2-5-97.)
(f) There shall be created a Board of Water Appeals for the express purpose of conducting the hearings and enforcing the procedure set forth in this section. The Board of Water Appeals shall consist of the following three (3) members: the Fire Chief and two individuals selected from the community-at-large; one (1) to be appointed by the Mayor and one (1) to be appointed by City Council. The Board of Water Appeals shall have the express power to promulgate its own rules and regulations for the conduct of hearings mandated by this section.
(Ord. 04-9496. Passed 4-7-04.)
(g) The hearing shall be conducted by the Board of Water Appeals and that Board shall be authorized to determine the amount of money, if any, owed to the City under the water service account in issue, and any other relevant issues in dispute; and shall be authorized to order continuation or termination of water service or any other appropriate action within the authority of the City. The decision of the Board shall be implemented through the Director of Administration.
(h) At the hearing, the customer/consumer shall have the right to be represented by counsel, to be heard in person, to present witnesses and documentary evidence, and to confront and cross examine the City’s witnesses.
(i) The Board of Water Appeals’ decision shall be made in writing within five working days of the hearing date. It shall be based solely on the evidence introduced at the hearing and shall state the rule(s) and evidence relied upon to make the decision. A copy of the decision shall be served immediately upon the customer/consumer.
(Ord. 97-9020. Passed 2-5-97.)