(a) Definitions. For purposes of this section, except as otherwise provided, the following words shall have the meanings respectively ascribed to them in this section.
(1) “Consumer” means any person who is the ultimate user of water utility services provided by the City.
(2) “Customer” means any person who enters into a contractual agreement with the City to receive or to pay for utility services provided by the City. Customers may, but need not, be consumers of the services provided under such a contractual agreement.
(3) “Billing Address” means the address at which the customer contractually liable for utility services furnished to a service address receives billings from the City. Billing addresses may, but need not, be the address at which such services are received.
(4) “Service Address” means any individual address at which water utility services are furnished a consumer or customer. The singular may include the plural. Most service addresses will be individually metered. However, in some buildings one meter may supply more than one benefitted unit. In such circumstances, each individual benefitted unit is a separate service address as that term is used herein. In any case where one meter supplies more than one benefitted unit, the customer shall be the owner or legally authorized agent of the owner of the premises.
(5) “Consumer Benefitted Unit” means any service address in which the customer who is contractually liable for utility services furnished that address does not reside.
(6) “Customer Benefitted Unit” means any service address in which the customer contractually liable for utility services furnished that address resides.
(b) Role of Director of Public Utilities. The Director of Public Utilities shall be the initial contact person for anyone who has a question or dispute about an application for water and/or sewer services; a termination or proposed termination of water and/or sewer services; a billing question; payment requirements; or other department requirements for obtaining or maintaining water and/or sewer services which cannot otherwise be resolved by other employees of the Department of Public Utilities. The Director of Public Utilities shall strive to make reasonable arrangements to provide water and/or sewer services; arrange reasonable alternate methods of payment, or reasonable security for payment, in order to preserve utility service, and shall supply and maintain residential utility service without discrimination.
(c) Right of Appeal.
(1) Appeal to Mayor. All customers, consumers, and applicants for water and/or sewer services shall have the right to appeal to the Mayor any decision, notice or order of the Department of Public Utilities which has not been satisfactorily resolved by the Director of Public Utilities.
(2) Representation. Customers, consumers or applicants for water and/or sewer services shall be given a fair opportunity to be heard orally, in person or by counsel, and may present documentary and oral information for consideration. Persons appealing a decision of the Director of Public Utilities shall be entitled to reasonable access to city business records concerning the affected service address in order to prepare for the hearing, including the right to obtain copies of documents upon payment of the actual cost of copying.
(3) Application for Appeal or Action. Any person adversely affected may appeal a decision of the Director of Public Utilities, including, but not limited to, billing disputes, denials of service, proposed termination of utility services, and/or requests for restoration of utility services, provided such appeal is filed within fourteen days of any decision of the Director of Public Utilities. An appeal request is made whenever a person notifies the Director of Public Utilities or his/her representative, orally or in writing, that such person disagrees with the decision of the Director of Public Utilities. If the Director receives an oral hearing request, the request shall be reduced to writing by the consumer or customer within fourteen days and immediately forwarded to the Mayor for hearing.
(d) Hearing. The hearing of any appeals relating to decisions of the Director of Public Utilities shall be held within a reasonable time, not to exceed five business days following the receipt by the Director of a verbal or written appeal request. The Mayor or his representative, shall provide the person notice of the time and place of the hearing for such appeal at least one full business day in advance of the hearing. The Mayor shall grant a consumer’s request for a continuance of the hearing for a period not to exceed ten business days.
(e) Powers of Mayor. The Mayor shall have the power, when good cause is shown, to approve applications for service; compromise and adjust billings; negotiate, defer and compromise disputes as to payment demand; and to cancel termination and/or order restoration of utility services.
(f) Decision of Mayor.
(1) The Mayor shall make a written decision after the hearing, which shall include the information presented at the hearing and the reasons for the decision. A copy of the decision shall be delivered to the person appealing and a copy retained in the business files kept by the City relating to any service address affected by the hearing.
(2) The hearing decision shall be sent to the person appealing within a reasonable time after the hearing, not to exceed fourteen days.
(3) If a hearing has been requested prior to actual termination of utility service, no termination may occur until seven days after the hearing decision is sent to the person appealing.
(Ord. 03-23-01. Passed 3-20-01.)