(A) Relief may be allowed to city water service customers for sewer service charges on water metered, but not actually being placed into the city sewer lines upon the determination of the Water Superintendent that a water leak existed that did not result in the placement into the city sewer system of all water metered through the meter of a particular customer.
(Am. Ord. 2003-09, passed 7-21-2003)
(B) Any city water service customer believing that a water leak has caused an increase in the amount of water used by that customer during any billing period may request through the City Clerk/Treasurer that the Water Superintendent make an investigation and determine if an adjustment of the sewer charge for the water leaked is appropriate. This request can be made orally or in writing.
(C) The procedure for investigation by the Midway Water Superintendent of a possible adjustment of the sewer service charge for a city water service customer shall be as follows. The Midway Water Superintendent or his or her designated representative shall make a determination from evidence available to him or her at the time of the investigation as to whether a leak occurred, considering any or all of the following:
(1) An onsite inspection;
(2) Comparison of water usage for the billing period in question with past usage; and
(3) Physical evidence of leaks, or other explanation for increased water usage.
(D) If the City Water Superintendent makes a determination that a water leak has occurred, and that the amount of the leak was larger than 1,000 gallons, then the Water Superintendent shall determine in his or her judgment the amount of the leak, and the sewer service charge will be reduced by the amount of the leak as determined by the Water Superintendent only. The adjustment will be made in 1,000 gallon increments only.
(E) Upon written notification from the Water Superintendent that he or she has determined that a leak occurred, the amount of gallons of the leak, and that the sewer service charge should be reduced accordingly, the City Clerk/Treasurer shall be authorized to adjust the bill of the customer in accordance with the determination of the Water Superintendent for the sewer service charge only.
(F) (1) In the event a water service customer is not satisfied with the determination of whether a leak existed and the amount of the leak as it affects the sewer service charge imposed by the city, that water service customer may appeal any decision made by the Water Superintendent to the City Council. The procedure for appeals shall be that, within 30 days after the decision by the Water Superintendent, the water service customer seeking to appeal shall deliver a written request for consideration of his or her case by the City Council.
(2) The written request for consideration shall be delivered to the City Clerk/Treasurer, City Hall. The City Clerk/Treasurer shall then place the matter on the agenda of the next City Council meeting following the request for reconsideration, and the customer requesting the reconsideration shall be prepared at that meeting to present his or her evidence that a leak occurred, the amount of the leak, and the proposed adjustment to his or her sewer service charges. The City Council shall then decide to either uphold the decision of the Water Superintendent or make further adjustments to the sewer service charges of the water service customer.
(1997 Code, § 611.1) (Ord. 610.1(1), passed 8-12-1985)