(a) The following administrative complaint and appeal procedure shall apply to users who wish to complain that water charges levied against them by the Village have been computed or levied in a manner other than that allowed by Chapter 925 or to complain that other actions have been taken by the Village in a manner other than that permitted by this chapter.
(b) A written complaint shall be filed with the Administrator, and shall specifically explain the grounds for the user's objections to the water charges levied.
(c) The user's obligation to pay the water charges or other penalties as levied shall not be suspended during the pendency of the complaint and appeal process, unless specifically allowed by the Administrator due to extraordinary circumstances.
(d) The Administrator shall inquire into the matters alleged in the complaint.
(e) The Administrator shall forward a copy of the complaint, or a summary thereof, to each member of Council.
(f) Council shall schedule a hearing at a Council meeting or at a special meeting to hear the complaint, which hearing shall be not less than 10 or more than 30 days after the Administrator's receipt of the complaint. Notice of the hearing shall be sent to the user by certified mail return receipt requested and by ordinary mail.
(g) The hearing shall comply with the requirements imposed by Chapter 2506 of the Ohio Revised Code. The user may appear in person and by counsel at said hearing, examine all witnesses, and present the grounds for the complaint. All testimony shall be given under oath. If the user wishes to have a stenographic record made of the proceedings, the user shall arrange and pay for the costs of the same.
(h) Council shall render a decision within 10 days after the conclusion of the hearing. Said decision shall be in writing, shall contain the findings upon which the decision is based, and shall be signed by the President of Council. A copy of the decision shall be sent to the user in the same manner as notice is to be given pursuant to this chapter.
(i) The decision of Council may appealed to the Holmes County Common Pleas Court on questions of law and fact pursuant to Chapter 2506 of the Ohio Revised Code. Said appeal must be filed within 10 days from the receipt of Council's decision.
(Ord. 2010-107. Passed 1-24-11.)