931.04 APPEALS OF WATER AND SEWER BILLS.
   (a)    Council shall constitute the Board of Appeals for the appeal of any charge contained on any water or sewer statement or bill, including any penalty thereon, any "off and on" charge, and any shut-off order. The decision of Council shall be final.
 
   (b)    Any interested person feeling aggrieved by any charge contained on any water or sewer statement or bill may appeal such charges direct to Council by notifying the Clerk in writing prior to the payment of such water or sewer statement or bill and prior to the second time the charges appear on any such water or sewer statement or bill. Further, any interested person feeling aggrieved by any "off and on" charge or by any shut-off order may appeal the charge or order direct to Council by notifying the Clerk in writing within ten days after receiving notice of such charge or such shut-off order. Further, any interested person feeling aggrieved by any decision or action of the Superintendent of Water and Wastewater may, in accordance with the provisions of this section pertaining to any charge or any shut-off order, may appeal such decision or action to Council by notifying the Clerk in writing ten days after receiving notice of such decision or action. The notice of such decision or action of the Superintendent of Water and Wastewater need not be in writing unless the original request received by the Superintendent was in writing. Such notice of appeal shall contain the grounds of the appeal and a clear statement of the specific water or sewer statement or bill, shut-off order, decision or action of the Superintendent being appealed and a statement showing that the person so appealing is an interested person in the premises or matter involved in the appeal.
 
   (c)    Any interested persons feeling aggrieved by any charge contained on any water or sewer statement or bill dated prior to May 23, 1979, may appeal such charges direct to Council by notifying the Clerk in writing within six years of the date such statement or bill or within six years of the payment of the statement or bill. Such notice of appeal shall contain the grounds of the appeal, a clear statement of the specific water or sewer statement or bill being appealed, and if a refund is claimed proof of payment thereof by the person appealing, and a statement showing that the person so appealing is an interested person in the premises or matter involved in the appeal. Any matter which could have been appealed under subsection (b) hereof cannot be appealed under this subsection.
 
   (d)    The Clerk shall submit the appeal to Council at its next regularly scheduled meeting which shall occur at least fifteen days after receipt of the appeal. Upon receipt of such appeal, the Clerk shall immediately notify the Superintendent of the appeal and the Superintendent shall submit to the Clerk, a copy of the water of sewer statement or bill, shut-off order, or a copy of the Superintendent's written action or decision being appealed. If such action or decision of the Superintendent is not in writing, the Superintendent shall reduce such action or decision to written form and submit the same to the Clerk for submission to Council. The Clerk shall notify in writing the person making the appeal, of the time and place of the hearing and the Clerk shall forward to Council a copy of such notice together with the statement that the notice was duly given. The person appealing shall have the right to appear and be heard in person or by counsel at the hearing before Council. Council shall have the authority to postpone the hearing to the next regularly scheduled meeting thereof by motion duly passed without further notice to the person so appealing. Council shall affirm, modify or revise any such water or sewer statement or bill, shut-off order, "off and on" charge or decision or action of the Superintendent, which is being appealed and direct such appropriate corrective action to be taken, not later than the second regularly scheduled meeting after the hearing of the appeal. If no action is taken by Council by the second meeting after the hearing of the appeal, the water or sewer statement or bill, shut-off order, "off and on" charge, decision or action of the Superintendent, being appealed, shall be affirmed. Any meeting of Council where there does not exist a quorum to do business shall not be considered a regularly scheduled meeting for the purposes of this section. The Clerk shall notify in writing the person making the appeal of the decision and action of Council and duly record a copy of such notice and a statement that the notice was given and the date thereof in the record of the appeal.
 
   (e)    Upon the filing of an appeal pertaining to any shut-off order, the Superintendent or Council may, but shall not be required to, suspend or delay any such shut-off order, or order the resumption of services until the appeal has been decided by Council, upon the condition that all future charges not appealed are paid.
 
   (f)    No appeal shall be affected by any payment of any water or sewer charges including any penalties thereon or any "off and on" charge after the filing of the appeal or any payment made after the filing of a letter with the Clerk stating that such payment is being made under protest. Any such payment made after filing the appeal or after the filing of any such statement shall be subject to being refunded or adjusted by any decision of Council.