933.06 UNBILLED WATER CONSUMPTION.
   (a)   General Procedures.  
      (1)   If the Division of Water has undercharged a customer because of malfunctioning metering system or billing error, the Division may only bill the customer for the portion of the unbilled water and sewer consumption used in the two years immediately prior to the date the Division remedies the malfunctioning meter or billing error.
      (2)   If, however, during the two year period described in subsection (a)(1) hereof, the Division of Water has attempted to verify or repair a malfunctioning metering system and the customer has not responded to requests to read or repair the meter, the Division will bill the customer for the amount of the unbilled water and sewer consumption used in the six- year period immediately prior to the date the Division remedies the malfunctioning meter.
      (3)   This section does not apply to tampering with utility equipment or theft of a utility service, or where a physical act of a customer or its agent causes inaccurate or no recording of the meter reading, or inaccurate or no measurement of the water rendered.
   (b)   Remote Meter Reading. All remote meter registers on the Village water system shall be read and compared with the water meter reading within one year of the passage of this section, and a record kept of the findings. These readings and comparisons shall be referred to as the “initial reading/comparison”. If it is found that there has been unbilled water consumption as determined by the “initial reading/comparison”, the Village will declare an amnesty for each and every case. In the future the register will be compared with the water meter when the service changes and on a regular basis. When future comparisons show there has been unbilled consumption, the current user, in whose name the service is listed, or if not known or cannot be located, the property owner, shall be liable and billed for the amount of the unbilled consumption as described in this section, except in no case shall they be billed for the unbilled consumption used prior to the “initial reading/comparison”, except in cases where subsections (a)(2) or (3) apply.
 
   (c)   Refund of Fees. Any fees that have been paid already, for unbilled water before the effective date of this section, shall be refunded.
(Ord. 96065. Passed 12-2-96.)