(A) A Board of Utility Appeals is hereby created that shall be comprised of the Mayor, the Solicitor and the Director of Public Service, who shall hear all appeals properly brought before it pursuant to this chapter.
(B) The Board of Utility Appeals shall have the authority to grant such relief in each case before it as the Board in the exercise of its discretion deems appropriate and which is consistent with these codified ordinances and the regulations promulgated by the Public Service Director. The Board of Utility Appeals shall have the authority to deny any request brought before the Board pursuant to this chapter. With respect to matters brought before the Board pursuant to this chapter, the Board shall only act upon the concurrence of the majority of its members.
(C) (1) If the customer has received a disconnection notice; and
(a) Is disputing the delinquency or its amount;
(b) Seeking an extended payment plan on different terms than offered by the city customer service representative; or
(c) Seeking relief due to a bankruptcy, the Board of Utility Appeals shall review all such evidence presented by the customer.
(2) If the Board finds that the evidence presented demonstrates that the customer should be entitled to the relief sought, the Board shall impose whatever terms and conditions are warranted in the continued provision of utility service to the customer and the disconnection notice shall be rescinded. If the Board finds that there is insufficient evidence presented and that the customer should not be entitled to the relief sought and that the disconnection notice is proper, then the disconnection shall proceed unless customer brings the account current or executes an extended payment plan upon the terms and conditions imposed the Board of Utility Appeals.
(D) If the customer has not received a disconnection notice but is disputing an amount owed or the manner in which utility service is being provided, the Board of Utility Appeals shall review all such evidence presented by the customer. If the Board finds that the evidence presented demonstrates that the customer should be entitled to the relief sought, the Board shall grant the relief requested and impose whatever terms and conditions are warranted in the provision of utility service to the customer. If the Board finds that the evidence presented does not warrant the relief requested, then the customer's request shall be denied.
(E) The Municipal Clerk shall make a record of all proceedings held before the Board of Utility Appeals conducted pursuant to this section.
(F) All decisions of the Board of Utility Appeals under this section shall be final.
(Ord. 07-053, passed 5-15-07)
Statutory reference:
Right of appeal is pursuant to R.C. 2506.