§ 12.5-842.1 APPEAL.

   (a)   A water bill customer objecting to the actions, policies or decisions of the director with regard to a fee for a pay bag, violation bag tag, brush or bulky waste collection may informally appeal to the director of environmental management, or the designee, in person, or by telephone, to attempt a resolution administratively. An appeal must be initiated by the water bill customer within ten business days from the issuance of the water bill.

   (b)   If a resolution cannot be obtained by an informal appeal, then that customer shall be advised in writing by regular mail, of the his or her right to a formal appeal hearing pursuant to this subsection (b). Such notice shall be sent to the name on the water bill account and to the billing address of the account. Such notice shall indicate:

      (1)   The steps the customer must take to initiate the formal appeal hearing;

      (2)   Whether failure to initiate the formal appeal within three days of the date of the notice will result in termination of water service to the account in question; and

      (3)   A copy of the rules for the formal hearing.

   (c)   A request for a formal appeal hearing before the designated hearing officer will not be granted when the customer’s only complaint regards:

      (1)   The determination of reasonableness or the denial of a deferred payment by the director of the water department;

      (2)   The customer’s financial inability to pay for services rendered, and there is no dispute as to the accuracy of the billing or the customer’s liability; or

      (3)   The design, application and fairness of the rate schedule established by the city council.

(Ord. 16189, § 15, passed 10-26-2004)

Editor’s note:

   Prior to inclusion of Ord. 16189, § 12.5-842.1 pertained to commercial garbage collection fees and was repealed by § 4 of Ord. 16188, adopted October 26, 2004. See also the Code Comparative Table.

§ 12.5-842.2 HEARINGS.

   (a)   The time, date and place of a formal appeal hearing shall be provided to the customer requesting a formal hearing.

   (b)   The hearing shall be set by the hearing officer.

   (c)   The customer may appear in person or be represented by an attorney or both, and shall be afforded the opportunity to question witnesses at the hearing.

   (d)   The customer has the right to reschedule the hearing one time.

   (e)   The formal legal rules of evidence shall not apply; however, all witnesses shall be placed under oath.

   (f)   The formal appeal hearing shall be before a hearing officer who is:

      (1)   Appointed by the city manager;

      (2)   Not under the supervision of the of the environmental management department or the code compliance department; and

      (3)   Not a participant in the previous decision now under review.

   (g)   The hearing officer shall:

      (1)   Be the sole judge of the evidence and credibility of witnesses and the facts as well as the applicability of the city’s rules and regulations;

      (2)   Render a final decision at the close of the hearing or within a time period specified and agreed to by all parties if more research is requested by the hearing officer; and

      (3)   On conclusion of the hearing, render a decision in writing to all parties concerned within ten business days of the officer’s conclusion.

   (h)   Once the hearing officer has rendered a decision:

      (1)   If the decision reached at a formal appeals hearing is not in favor of the customer, the hearing officer shall instruct the city and customer what action, if any, must be taken by the customer to maintain water service; and set a reasonable period of time in which the customer must take the action; or

      (2)   If the decision reached at a formal appeal hearing is in favor of the customer, in whole or part, the hearing officer shall instruct the city and customer what corrective action shall be taken and the city shall take such action within a reasonable time, which time may be set by the hearing officer and instruct the customer to pay or make acceptable arrangements for payment of any amount of disputed billing found to be accurate, within five business days or by the due date of the billing whichever is later.

(Ord. 16189, § 16, passed 10-26-2004)

§ 12.5-842.3 CONTINUATION OF WATER SERVICE DURING APPEAL.

   (a)   During the process of the formal appeal, the customer’s water service shall be continued.

   (b)   In the event water service was terminated prior to a valid formal appeal hearing, water service will be re-initiated upon payment of an initiation fee. The initiation fee will be refunded if the hearing officer’s decision is in favor of the customer in whole or part.

   (c)   Water service may not be continued nor reinstated if there is a violation of the city’s electric code, building code, fire code or any city ordinance that relates to the water service as deemed by the director of the water department.

(Ord. 16189, § 17, passed 10-26-2004)

§ 12.5-842.4 RIGHTS AND REMEDIES OF THE CITY.

   The failure of the city to comply with any deadlines in this chapter does not result in the city’s waiving its right to seek termination of water service for the reasons specified in this chapter or otherwise specified by law.

(Ord. 16189, § 18, passed 10-26-2004)