§ 53.007 COMPLAINTS AND REVIEWS.
   (A)   Complaint procedure.
      (1)   A customer may complain at any time to a utility about any bill which is not delinquent at that time, security deposit, disconnection notice or any other matter relating to its service and may request a conference thereon. Such complaints may be made in person, in writing, or by completing a form available from either the Commission or from the utility at its business offices. A complaint shall be considered filed upon receipt by the utility, except mailed complaints shall be considered filed on the postmarked date. In making a complaint and/or request for conference, the customer shall state at a minimum, his or her name, service address and the general nature of his or her complaint.
      (2)   Upon receiving each such complaint or request for conference, the utility shall promptly, thoroughly and completely investigate such complaint, confer with the customer when requested and notify, in writing, the customer of the results of its proposed disposition of the complaint after having made a good faith attempt to resolve the complaint.
   (B)   Review.
      (1)   If the customer is dissatisfied with the utility’s proposed disposition of the complaint as provided in division (A)(2) above, he or she may request the City Council in writing within seven days following the date in which such notification is mailed, to informally review the disputed issue and the utility’s proposed disposition thereof. Such request shall certify that the customer has also sent a copy of his or her request for review to the utility involved. Upon receiving such request, the Council shall provide an informal review within 21 days. The review shall consist of not less than a prompt and thorough investigation of the dispute and shall result in a written decision to be mailed to the customer and the utility within 30 days after its receipt of the customer’s request. Upon request by either party or the Council, the parties shall be required to meet and confer to the extent and at such place as the Council may consider to be appropriate.
      (2)   The records of the Council relating to such reviews shall be kept in a systematic order.
   (C)   Continuation of service pending disposition of complaint.
      (1)   If the customer is receiving service at the time the complaint and/or request for conference provided for in division (A)(1) above is received by the utility, his or her service shall not be disconnected until ten days have elapsed from the date of mailing of the notification of the utility’s proposed disposition of his or her complaint. Provided, however, that if a review by the Council of the utility’s proposed disposition of the complaint is requested by the customer as provided by division (B)(1) above within seven days after the mailing of such proposed disposition of the complaint, the utility shall not disconnect the customer’s service until at least three days have elapsed from the date of mailing of the Council’s decision upon and pursuant to such review has paid and continues to pay all undisputed bills, portions of disputed bills as specified in division (C)(2) below, and pays all future undisputed bills prior to their becoming delinquent.
      (2)   In those instances when the customer and utility cannot agree as to what portion of a bill is undisputed, it shall be sufficient that the customer pay on the disputed bill an amount equal to his or her average bill for the six bills, in which event the customer shall pay an amount equal to the average (arithmetical mean) of such bills as have been received.
   (D)   Record of complaints. Each utility shall keep a written record of complaints and requests for conferences pursuant to this section. Such records shall be retained at the office or branch office of the utility or in the respective department office thereof where such complaints were received and/or any conferences were subsequently held. Such written records are to be readily available upon request by the concerned customer, his or her agent possessing written authorization, or the Commission.
(Prior Code, § 52.10) (Ord. 39-1984, passed - -)