§ 51.02 ADJUSTMENTS TO WATER UTILITY BILLINGS.
   (A)   Definitions.
      (1)   LEAK. Unintentional flow of water due to a mechanical failure.
      (2)   CUSTOMER. The name in which the water meter is placed.
      (3)   UTILITY. The Mount Vernon Waterworks.
   (B)   Adjustment request.
      (1)   When the Water Utility notifies customer of potential leak.
         (a)   From the date of notification by the utility, the customer has 30 days to repair the leak and request an adjustment.
         (b)   The utility shall keep a record of the date customer was notified of leak and address affected.
         (c)   If the customer fails to repair the leak and request an adjustment within 30 days from the date of notification, no adjustment will be made.
      (2)   When customer requests adjustment with no prior notification from utility.
         (a)   Customer must furnish written proof that a leak has been repaired within 30 days of requesting adjustment.
         (b)   The written proof must include the address affected.
   (C)   Adjustment procedure.
      (1)   Except as provided below, no more than one adjustment may be made in any calendar year (for services rendered in that calendar year) for any one account. A customer whose account has been adjusted one time during the year may make written application for a second adjustment during the same year only if the second leak is the result of extraordinary circumstances. In addition to the requirements for adjustments set forth herein, a customer requesting a second adjustment must follow the following additional requirements:
         (a)   The request for the second adjustment must be made in writing and filed at the Mt. Vernon Utility Department;
         (b)   The written request for second adjustment must set forth and contain all information in § 51.02(B) and must specifically set forth the extraordinary circumstances causing or resulting in the second leak.
         (c)   The Water Utility may approve or deny the request for second adjustment upon submission of the requested information. If requested by the Water Utility, the customer making the request for a second adjustment must be present, in person, at the Water Utility Board meeting during which the request for adjustment may be considered if the Water Utility has submitted the second adjustment request to the Water Utility Board, and said customer should be prepared to provide information or documentation to the Board to support the customer’s request. There is no requirement that the second adjustment request go before the Water Utility Board, but shall only do so if the Water Utility submits the second adjustment request to the Board.
         (d)   The approval or denial of a request for a second adjustment is within the sole discretion of the Mt. Vernon Water Utility. No provision contained in this code shall be construed to grant any customer a right to a second adjustment.
      (2)   Except as set forth in § 51.02(C)(1)(c), the Water Utility Department may make the appropriate adjustments as provided in this section without application to the Water Utility Board.
      (3)   Adjustment shall be made by reviewing the customer billing history at the address affected and an average pre-leak consumption shall be calculated for a minimum of four billing periods. In the event summer rates are in effect, the utility computer will indicate the average consumption.
      (4)   Adjustment for the billing periods with the leak shall be made conforming to the average consumption computed.
      (5)   An adjustment will be made for no more than three billing periods, including the period notification is made pursuant to division (B)(1).
      (6)   No adjustment shall be made for water used in watering lawns, except to the extent of summer rates. If a customer wishes to measure the water used for watering the lawn, a second meter may be installed to the water supply for watering the lawn only and no sanitary sewer charges will be assessed on the meter measuring the water used for watering the lawn.
   (D)   Swimming pools.
      (1)   During April through September, if a water utility employee is present to read the meter at the time a customer’s swimming pool is filled, for billing purposes sewer consumption shall be reduced by amount of water used to fill pool. The utility employee must be present immediately prior to filling of pool and at finish of filling pool.
      (2)   If the water meter is not read prior to and after filling the pool, customer must present written documentation from the manufacturer of pool capacity and adjustment to sewer consumption for that billing period shall not be more than 70% of pool capacity.
      (3)   Sewer consumption adjustments shall be made not more than once from April through September for any one account.
(Ord. 92-09, passed 4-27-92; Am. Ord. 95-2, passed 3-13-95; Am. Ord. 2016-2, passed 2-18-16)