§ 34.67  ADJUSTMENT OF ACCOUNTS.
   (A)   Review of emergency services fee by Utility Clerk. Any customers who believes their emergency services fees, as applied to their premise, are: (1) not within the intent of this subchapter; and/or (2) not correctly calculated or assessed, may request in writing a review of their emergency services fees by the Utility Clerk. This request must be received within 10 days of the due date of the customers utility bill due date. The Utility Clerk may independently initiate a review of a customer's emergency services fees formula and/or assessment for compliance with this subchapter.
      (1)   If a customer's charge is reduced as a result of this review, the corrected emergency services fees shall begin with the next billing and a credit or refund shall be made retroactively, not to exceed 1 year from the last billing.
      (2)   If a customer's charge is increased as a result of this review, the corrected emergency services fees shall begin with the next billing and the customer may be billed for the increase retroactively, not to exceed 1 year from the last billing. Retroactive assessment of the emergency services fee shall not be for any month within 1 year following the effective date of this subchapter.
   (B)   If an existing customer has not been billed for the emergency services fees, the emergency services fees shall begin with the next billing and the customer may be billed retroactively, not to exceed 1 year. Retroactive correction shall not be for any month for 1 year prior to the effective date.
   (C)   Appeal of Utility Clerk's decision. Customers not satisfied with the results of the review by the Utility Clerk may appeal the Utility Clerk's decision to the Rockaway Beach City Manager who shall determine, by preponderance of the evidence, whether the Utility Clerk's decision is consistent with the intent of the ordinance, and whether the measurements and calculations supporting the Utility Clerk's decision of the applicable emergency services fee are correct. A Notice of Appeal must be in writing and physically delivered to the City Manager no later than 14 calendar days from the date of the Utility Clerk's decision.
      (1)   The hearing before the City Manager acting as the Rockaway Beach Hearings Officer shall be conducted no later than 20 days from the date of the appeal, unless a different date is stipulated by the city and the customer, or good cause is shown for setting the matter forward. Testimony at the hearing shall be taken upon oath or affirmation of the witnesses. The Hearings Officer shall consider only the matters set forth in the Notice of Appeal. The Hearings Officer shall uphold, reverse, or uphold in part and reverse in part the Utility Clerk's decision. The Findings and Decision of the Hearings Officer shall be served upon the customer by first class mail within 10 days after the hearing concludes. The Hearings Officer decision shall be effective 10 days following the date of the decision. The findings and decision of the Hearings Officer shall be city's final decision, subject only to remedy by writ of review under ORS 34.010 to 34.100, which shall be the customer's sole remedy.
   (D)   The Utility Clerk may write off closed accounts and retroactive bills if it is in the best interest of the city.
(Ord. 19-438, passed 12-11-2019)