§ 154-26. Water and sewer appeals board.

(a)

There is created a water and sewer appeals board which shall consist of seven persons who shall be residents of the area served by the department of water.

(b)

Members of the board shall be selected as follows:

(1)

Six members will be nominated by the paired district councilmembers with the concurrence of the at-large councilmember and one member will be nominated by the president of council.

(2)

The nominations shall be voted on by the entire council, which shall either approve or disapprove each nomination.

(3)

The membership shall consist of at least three lay persons, one of whom must be retired and over 60 years of age, and four other persons, preferably consisting of at least one from each of the following three categories: residential property management, plumber or property maintenance person with at least five years of plumbing experience, civil or mechanical engineering.

(c)

Each member of the board shall be paid $100.00 for each board meeting attended; provided, however, the total amount paid any member shall not exceed the sum of $10,500.00 in any one calendar year.

(d)

Members shall be appointed for three-year terms. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. No person shall serve more than eight consecutive years as a member of the board.

(e)

A member shall be elected annually by the board to preside at all meetings of the board, for whatever purpose called, and shall perform and exercise all of the functions, powers and duties granted or assigned by applicable law to a person who presides at or chairs meetings of the board; provided, however, the member shall not be permitted to vote on any matters brought before the board except to break tie votes. The board may elect another member to preside in the absence of the presiding officer, and such person shall also not be permitted to vote while presiding except to break tie votes. Three members of the board will constitute a quorum.

(f)

The board shall establish its own rules of procedure for the accomplishment of its duties and functions, provided that such rules shall not be in conflict with this Code, state and federal law and the water and sewer revenue bond ordinances.

(g)

The board shall address administrative-related matters exclusively; it shall not have the authority to make policy decisions.

(h)

The duties and authority of the board shall be to:

(1)

Consider and rule on determinations made pursuant to this ordinance, provided that such appeals are timely and accompanied, unless waived by the commissioner of the department of watershed management, by the amount in dispute. Consider and rule on appeals from administrative penalties imposed pursuant to the City of Atlanta Water Use Restriction's Ordinance (Atlanta City Code section 154-73 et seq.) and the City of Atlanta Waste of Water Ordinance (Atlanta City Code section 154-59 et seq.).

(2)

Set forth findings of fact and conclusions as to each dispute, to be mailed to the consumer, and file the findings with the municipal clerk.

(3)

When appropriate, order the department of water to refund, credit or adjust the amount or portion of the amount in dispute.

(4)

Furnish the following to all appellants:

a.

An opportunity to be heard in person, and to present witnesses and documentary evidence.

b.

The right to be represented by counsel, although counsel shall not be furnished by the city.

c.

The right to confront and cross examine employees or agents of the city as to the basis for determining the amount billed.

(i)

The executive branch shall provide such staff services as may be required for the efficient operation of the board, through the department of watershed management.

(Code 1977, § 9-4086; Ord. No. 1998-87, § 4, 12-10-98; Ord. No. 2007-39(07-O-0956), §§ 11, 14, 6-26-07; Ord. No. 2010-70(10-O-1914), §§ 11, 14, 12-15-10; Ord. No. 2011-01(10-O-2116), §§ 1, 2, 1-27-11; Ord. No. 2011-02(10-O-2117), § 1, 1-27-11; Ord. No. 2011-25(11-O-0850), § 1, 6-29-11; Ord. No. 2017-26(17-O-1213), §§ 1, 2, 5-15-17 )

Cross reference

Boards, councils, commissions and authorities, § 2-1851 et seq.