(A) The City Secretary is responsible for ensuring the integrity of the utility billing system. If a customer would like to appeal a penalty or other collections related fee, the City Secretary is charged with resolving the billing issue in a manner satisfactory to both the city and customer. An appeal of a penalty or other collections related fee shall be handled in accordance with division (D). If a customer would like to dispute the correctness of all or a part of the amount shown on a utility bill or notice of termination, the dispute shall be handled in accordance with division (E).
(B) The city’s and customer’s liability for amounts related to billing errors shall be limited to the two months preceding the charge being appealed.
(C) At any time before the date of termination of service for nonpayment of the amount(s) shown on a utility bill or notice of termination, a customer may dispute the correctness of all or part of the amount(s) shown in accordance with the provisions of this section.
(D) The procedure for customer appeals of penalties or other collection related fees shall be as follows:
(1) If a customer does not dispute the correctness of an amount(s) shown on a utility bill or a notice of termination, but is appealing the assessment of a penalty or other collections related fee, the customer shall notify the City Secretary, orally or in writing, of the amount being appealed.
(2) At the City Secretary’s discretion, with approval of the Mayor, a penalty or other collections related fee may be waived for a customer.
(3) The City Secretary within three days after receipt of the customer’s notice shall notify the customer if the penalty or other collections related fee will be waived.
(E) The procedure for customer disputes of an amount shown on a utility bill or notice of termination shall be as follows:
(1) Before the date of termination of service, the customer shall notify the City Secretary, orally or in writing, that he/she disputes all or part of the amount(s) shown on a utility bill or a notice of termination, stating as completely as possible the basis for the dispute.
(2) If the City Secretary determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount(s) shown, the City Secretary shall mail to the customer a notice stating that the present dispute is untimely or invalid. No further action is required by the City Secretary.
(3) If the City Secretary determines that the present dispute is timely and is not otherwise invalid under this section, the City Secretary, within three days after the receipt of the customer’s notice, shall arrange an informal meeting with the customer.
(4) Based on the city’s records, the customer’s allegations and all other relevant materials available to the City Secretary, he/she shall resolve the dispute, attempting to do so in a manner satisfactory to both the city and the customer.
(5) Within three days of completion of the meeting, the City Secretary shall mail to the customer a copy of his/her decision resolving the dispute. The City Secretary shall have authority to adjust the amounts reflected on a utility bill or notice of termination up to $25. If the City Secretary determines that resolving the dispute will require an adjustment of more than $25, the City Secretary may refer the dispute to the Mayor for consideration.
(6) If the decision is unsatisfactory to the customer, the customer, within three days of receipt of the City Secretary’s decision, may request, either orally or in writing, an informal hearing before the Mayor.
(7) If the customer requests an informal hearing with the Mayor or if the City Secretary refers a dispute to the Mayor, the hearing before the Mayor shall be held within three days of the city’s receipt of the customer’s written request or the City Secretary’s decision to refer the dispute to the Mayor. The City Secretary shall maintain minutes of this informal hearing with the Mayor.
(8) At the hearing, the customer shall be entitled to present all evidence that is, in the Mayor’s view, relevant and material to the dispute.
(9) Based on the record established at the hearing, the Mayor, within three days of the completion of the hearing shall issue his/her written decision resolving the dispute. The Mayor shall have authority to adjust the amounts reflected on a utility bill or notice of termination up to $500. If the Mayor determines that resolving the dispute will require an adjustment of more than $500, the Mayor may refer the dispute to the City Council.
(10) If the decision is unsatisfactory to the customer, the customer, within three days of receipt of the Mayor’s decision, may request, in writing, a formal hearing before the City Council at the next regularly scheduled Council meeting.
(11) If the customer requests a formal hearing before the City Council or if the Mayor refers the dispute to the City Council, the hearing shall be held at the next regularly scheduled City Council meeting. At the hearing, the city staff and the customer shall be entitled to present all evidence that is relevant to the dispute and to examine and cross-examine witnesses.
(12) Based on the record established at hearing, the City Council, through the Mayor, shall issue their written decision formally resolving the dispute within five days of the completion of the hearing. The decision of the City Council shall be final and binding on the city and customer.
(F) Utilization of this dispute/appeal procedure shall not relieve a customer of their obligation to timely and completely pay all other undisputed utility charges and/or installments and surcharges, and the undisputed portion(s) of the amount(s) which is (are) the subject of the present dispute. Notwithstanding division (D), failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of service in accordance with the provisions of this section.
(G) Until the date of the City Council, the Mayor, or the City Secretary’s decision, whichever is later, the City Secretary shall not terminate the service of this customer and shall not issue a notice of termination to him or her solely for nonpayment of the disputed amount(s). If it is determined that the customer must pay some or all of the disputed amount(s), the director shall promptly mail to or personally serve upon the customer a notice of termination as provided in § 50.18.
(Ord. 1119-1, passed 11-11-2019)