(A) A utility customer may dispute the correctness of all or part of the monthly billing charged for gas utility service, in accordance with the procedure set forth in this section. The utility customer aggrieved by an error in the monthly billing shall notify the City Clerk/Treasurer/Tax Collector within the time permitted; otherwise, the right to dispute the billing shall be deemed waived. A utility customer who has disputed all, or part of a monthly billing, pursuant to this section, shall not be entitled to dispute these amounts when carried forward as a part of a subsequent billing.
(B) The procedure to resolve disputed billing charges shall be as follows:
(1) A customer aggrieved by a monthly billing shall notify the City Clerk/Treasurer/Tax Collector in writing, within ten calendar days from the date the billing was issued. The notice shall state the portion of the billing amount which is in dispute, and set forth the reasons the customer believes he or she is not obligated to pay as billed.
(2) If the City Clerk/Treasurer/Tax Collector determines that the dispute is timely filed, and is not an attempt to rechallenge amounts disputed under a previous billing, the City Clerk/Treasurer/Tax Collector shall schedule a formal hearing before the City Council. The customer shall be given notice of the time and place of the hearing and advised to bring all information relevant to the dispute.
(3) At the hearing, the utility and the customer shall be entitled to present all evidence that is, in the City Council’s view, relevant and material to the dispute, and to examine and cross examine witnesses. A written record of the hearing shall be maintained.
(4) Based on the record established at the hearing, the City Council, within five days of the completion of the hearing, shall issue its written decision formally resolving the dispute. This decision shall be final and binding on the utility and the customer.
(C) Until the date of the City Council’s decision, the utility shall not terminate the customer’s utility service, and shall not issue a notice of termination solely for nonpayment of the disputed amounts.
(D) (1) Utilization of this dispute procedure shall not relieve the utility customer of his or her obligation to timely and completely pay all other undisputed utility billing charges or installments and surcharges, and the undisputed portions of billings which are the subject of the present dispute.
(2) Failure by the customer to timely and completely pay all the undisputed amounts shall subject the customer to termination of utility service in accordance with the provisions of § 53.35.
(2002 Code, § 53.19) (Ord. 1999 NG-1, passed 5-20-1999)