939.07 DISPUTED UTILITY BILL POLICY.
   (a)   When disputing a utility bill, the following terms of payment apply:
      (1)   All utility service charges must be paid in accordance with the Terms of Payment in Section 939.04 in order to avoid service disconnection for nonpayment.
      (2)   All charges for utilities must continue to be paid until the disputed bill process is complete.
      (3)   Upon completion of the disputed bill procedure, the resident will receive either a credit (refund of charges collected by the City) or debit (charge for charges not yet collected by the City) to their respective utility account based on the terms of the resolution of the disputed bill.
   (b)   If a resident disputes a utility bill, one of the following options must be pursued in order to remedy the dispute:
      (1)   Request a meeting with the respective utility department superintendent and the Service Director and/or Mayor in order to discuss the reason(s) for disputing the bill and to determine the appropriate course of corrective action.
      (2)   Request that the meter be tested.
         A.   If the meter is tested and found to be inaccurately registering utility consumption, the utility department shall replace the meter, adjust the utility bill amount due by calculating consumption for the billing period in question based on average usage for the twelve months preceding the disputed period; all of these services will be provided at no cost to the customer. Said retroactive billing adjustments shall not be for more than ninety days prior to the originating date of the dispute.
         B.   If the meter is tested and found to register within the tolerance limits as defined by the relevant industry standard meter specifications, the customer is charged sixty dollars ($60.00) for each meter tested. Based upon the meter test reports neither the Utility Billing Office, Service Director, nor Mayor can further recommend adjustment of the given disputed bill. If other sufficient evidence of mitigating effects on the metering or billing process is provided, a hearing concerning the disputed bill shall be set before the Utility Review Board.
      (3)   If the disputed bill contains consumption/usage that is more than one hundred fifty percent (150%) of the average usage during the immediately preceding twelve months, a hearing before the Utility Review Board as established and governed by the appropriate City Ordinance, may be requested by the customer.
         A.   For example: a customer account’s average bills indicate water consumption of 10 ft3/month, the disputed bill in question indicates usage of 18 ft3. As a result of 18 ft3 exceeding the 150% of the 10 ft3 average, the customer may request a hearing.
         B.   In the event a twelve-month history is not available, the usage must exceed the respective industry standard average by 50% or more.
         C.   All requests for hearings must occur within thirty days (30) of receipt of the bill.
         D.   Special Circumstances Hearings may be heard before the Utility Review Board for situations and accounts not meeting the minimum qualifying standards as established above. Such Special Circumstance Hearings will be determined on a case-by-case basis as deemed necessary by the Service Director and/or Mayor.
         E.   Customers will be limited to no more than one (1) Special Circumstance Hearing in any given calendar year.
   (c)   All resolutions resulting from the above process shall be final and binding.
   (d)   All fees and charges resulting from disputed bill procedures cannot be waived under any circumstances. (Ord. 11-03. Passed 6-2-03.)