(A) A customer against whom a billing surcharge has been levied, or who is dissatisfied with his or her base period allocation, or who is notified of his or her failure to comply with the provisions of this chapter in any other respect, may request an office conference with the Manager of the Infrastructure Maintenance Division, provided that a written request for a conference is filed by the customer within 15 calendar days following the date of receipt of notice of the relevant billing surcharge or failure to comply, or within 45 calendar days of the date of mailing the notice of the base period allocation. Such request for an office conference shall contain a brief explanation of the grounds upon which it is based and the nature of the relief sought. In determining whether relief shall be granted, the Infrastructure Maintenance Division Manager shall take into consideration all relevant factors including, but not necessarily limited to the following:
(1) Whether any additional reduction in water consumption will result in unemployment;
(2) Whether additional members have been added to the household;
(3) Whether any additional landscaped property has been added to the property subsequent to the historic base period;
(4) Changes in vacancy factors in multi-family housing;
(5) Increased number of employees in commercial, industrial, and governmental offices;
(6) Water uses during new construction;
(7) Adjustments to water use caused by emergency health or safety hazards;
(8) First filling of a swimming pool constructed by permit;
(9) Water use necessary for reasons related to family illness or health.
(B) A written decision, including notice to the customer of his or her rights to appeal to the Water Usage Appeals Board, shall be given to the customer personally or by mail. No customer shall appeal to the Water Usage Appeals Board prior to exhausting the administrative remedies provided by this section.
(C) There is hereby created a Water Usage Appeals Board, composed of that Council member who is the designated liaison to the Department, the Director of Finance, and the Director of Public Works. A customer shall have the right to appeal the decision of the Infrastructure Maintenance Division Manager to the Water Usage Appeals Board by filing a written request for appeal within 15 days after receipt of said decision. The Water Usage Appeals Board shall hear and consider the appeal within ten days of such a request and shall issue a written decision. The decision of the Water Usage Appeals Board shall be final.
(`83 Code, § 13.20.130) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)