(Amended by Ord. No. 173, 587, Eff. 12/7/00.)
(a) The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions and, insofar as consistent with the terms of this section, for any appeals to the Board from determinations thereon.
(b) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall have the power to provide for adjustments to the volume of sewage determined to be discharged to the sewer system in the following instances when:
(1) (Amended by Ord. No. 172,763, Eff. 9/19/99.) The user’s sewage volume would otherwise be determined by section 64.41.03 (g) (1), and:
(A) an extraordinary non-occupancy related condition occurred during the Rainy Season Billing Period substantially affecting the user’s Winter Water Use; or
(B) the user has replaced all existing toilets on the premises with Ultra-Low-Flush Toilets.
(3) The premises is unoccupied throughout a billing period.
(c) The Board shall have the power to provide for exemptions as defined in this article. (New Subsec. (c) Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)
(d) (Subsec. (c) Re-lettered (d) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide Water and Power with notices of adjustments and exemptions and appeal procedures, and Water and Power shall cause said notices to be mailed along with the first water bills subsequent to the effective date of this article which includes sewer service charges, and will cause copies of said notices to be mailed or otherwise given in connection with each new application for water service made after the effective date of this article. The Board shall likewise provide such notices to the Office of Finance and the Office of Finance shall cause said notices to be mailed or otherwise distributed to all users or other persons billed by the Office of Finance whom he has reason to believe has not already received such notice.
(e) (Subsec. (d) Re-lettered (e) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Where a determination or adjustment or exemption has become final as provided in this section. future billings shall reflect such adjustment unless otherwise determined by he Board.
(f) (Subsec. (e) Re-lettered (f) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall advise the Office of Finance when there is any adjustment or exemption affecting past or future charges, and, if so, for what period of time and to what extent, and the Office of Finance shall take whatever action he deems necessary to comply with such adjustment or exemption, whether by refund, credit, or otherwise.
(g) (Subsec. (f) Re-lettered (g) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall arrange with Water and Power to calculate and apply, insofar as adequate data is available, the appropriate adjustment to the Sewer Service Charge of each residential user annually using water consumption data available in the Water and Power automated billing system. Such adjustments shall be effective only for billings prepared following the time of calculation. (Amended by Ord. No. 170,257, Eff. 2/23/95.)
(h) (Subsec. (g) Re-lettered (h) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (Amended by Ord. No. 170,257, Eff. 2/23/95.) Any user or person billed, may apply in writing for an adjustment to the office designated by the Board within thirty (30) days from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment. However, the application may be made within one (l) year from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment under the following two circumstances:
(a) the premises was unoccupied; or
(b) the result of the calculation performed by the Department of Water and Power was inaccurate because of defective water consumption data.
(i) (Subsec. (h) Re-lettered (i) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within thirty (30) days from the date said application is filed whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. Request for production of additional information may be made of the applicant, and if the applicant fails to produce the requested information within thirty (30) days from the date of mailing the request therefor, proceedings may be terminated or such other action as is deemed by the Board to be appropriate may be taken.
(j) (Subsec. (i) Re-lettered (j) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Any person who has filed an application for adjustment or exemption and received a determination thereon, and who has likewise complied with the procedures of this section, may appeal such determination to the Board pursuant to procedures, rules and regulations adopted by the Board of such purpose. An appeal must be filed within ten (10) days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on said appeal, and also to the address shown on the original application for adjustment if such is different.
(k) (Subsec. (j) Re-lettered (k) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) A hearing upon an appeal shall be set whenever reasonably possible no later than thirty (30) days after the date of filing the appeal. The Board may continue the hearing from time to time in its discretion, and shall make a written determination upon the appeal within fifteen (15) days from the conclusion of the hearing and provide a copy thereof to the person who filed said appeal.
(l) Any person may, who has complied with the procedures of this section, may, within ten (10) days of the mailing date of the Board’s written determination, referred to in (j) above, appeal such decision to the City Council by filing a notice of appeal with the City Clerk. This notice of appeal shall be in writing and set forth specifically wherein the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has so filed. The notice shall be mailed as provided in (i) above. If the City Council fails to act within thirty (30) days after the day of the filing or the appeal with the Office of Finance the appeal shall be deemed denied. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
(m) An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed; provided that in the event an appeal has been timely filed, the determination, including deemed denial, by the City Council upon such appeal shall be final and the City Council shall so notify the Board. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
The filing of an application for adjustment or exemption or of an appeal to the Board or City Council from a determination thereon shall not stay the continued and further billing during the course of time consumed in said proceedings, but any such continued and further billing will be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination therein; provided, however, that acceptance of any payment by the City subsequent to the application for adjustment shall not preclude billing and collection different from or in excess of such payments and in conformance with said final determination.