(A) If it is found that the city has directly or indirectly by any device whatsoever, demanded, charged, collected or received from any customer a greater or lesser compensation for any service rendered or to be rendered by the city than that prescribed in the approval rate schedules of the city, or if it is found that any customer has received or accepted any service from the city for a compensation greater or lesser than that prescribed in such schedules, or if, for any reason, billing error has resulted in greater or lesser charge than that incurred by the customer for the actual service rendered, then the method of adjustment for such overcharge or undercharge shall be as provided by the following:
(1) If the overcharge or undercharge is the result of a fast or slow meter, then the method of compensation shall be as follows:
(a) In case of a disputed account involving the accuracy of such meter shall be tested upon request of the customer, as outlined in § 4-3-16.
(b) In the event that the meter so tested is found to have an error in registration of more than three percent (3%), the bills will be increased or decreased accordingly, but in no case shall such a correction be made for more than sixty (60) days prior to determination of meter error.
(2) If the city has inadvertently overcharged a customer as a result of a misapplied schedule, an error in reading the meter, a skipped meter reading or any other human or machine error, except as provided in § 4-4-17(A)(1), the city shall, at the customer's option, credit or refund the excess amount paid by that customer or credit the amount billed by the following:
(a) If the interval during which the customer was overcharged can be determined, then the city shall credit or refund the excess amount charged during that entire interval provided that the applicable statute of limitations shall not be exceeded.
(b) If the interval during which the customer was overcharged cannot be determined, then the utility shall credit or refund the excess amount charged during the six (6) month period preceding the date when the billing error was discovered.
(c) If the exact usage and/or demand incurred by the customer during the billing periods subject to adjustment cannot be determined, then the refund shall be based on an appropriate estimated usage and/or demand.
(3) If the city has undercharged any customer as a result of a misapplied schedule, an error in reading the meter, a skipped meter reading, or any human or machine error, except as provided in § 4-4-17(A)(1), then the city may recover the deficient amount as provided as follows:
(a) If the interval during which a customer was undercharged can be determined, then the city may collect the deficient amount incurred during that interval up to a maximum period of six (6) months.
(b) If the interval during which a customer was undercharged cannot be determined, then the city may collect the deficient amount incurred during the six (6) month period preceding the date when the billing error was discovered by the city.
(c) The customer shall be allowed to pay the deficient amount in equal installments added to the regular monthly bills, over the same number of billing periods which occurred during the interval the customer was subject to pay the deficient amount.
(d) If the usage and/or demand incurred by that person during the billing periods subject to adjustment cannot be determined, then the adjustment shall be based on estimated usage and/or demand. If a meter has ceased to register, the adjustment shall be based on the average registration of the meter over a six (6) month period when in order.
(B) Upon request by a customer, the city shall make a test of the meter serving them provided that such tests need not be made more frequently than once in twenty-four (24) months.
(1) The customer, or his representative, may be present when his meter is tested.
(2) The report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of each test, shall be kept on file at the office of the city.
(3) In the event that the meter so tested is accurate within three percent (3%), the customer shall pay to the city the reasonable costs for testing the meter.
(Ord. passed 10-14-1985)