§ 154-27. Credits and adjustments.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Deaf means a person who is legally or medically totally deaf. Proof satisfactory to the commissioner of water must be furnished by the customer for the customer to be considered for an adjustment for toilet leaks.

Excess bill means that portion of a bill for water and sewer services which is greater than the average consumption for the account during a normal six-month period.

Leak or leakage means the uncontrolled loss of water from artificial structures as a result of hydrostatic pressure or the uncontrolled loss of water from one aquifer to another. The leakage may be natural, as through semi-impervious confining layer, or humanmade, as through an uncased well, and includes loss of water through faucets, meters, toilets or underground pipes on the property.

Meter leaks means leaks determined by the department of water to be located within the meter or between the meter and the property line or both and which affect consumption; inlet meter leaks, meter repairs and change-outs will also be considered meter leaks if, after the repair or change-out is completed, consumption drops to the average consumption for a normal six-month period.

Vandalism means acts by a person, not under control of the customer or property owner, which cause damage to the plumbing system which cause waste of water. Proof satisfactory to the commissioner of water must be furnished by the customer or owner which verifies that vandalism was by a third party.

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(b)

Authority. The commissioner of watershed management is authorized, where appropriate, to make adjustments and give credits in water and sewer bills, according to the following:

(1)

Specific adjustment allowance.

		Water Bill	Sewer Bill
a.	Meter leaks	100% of the excess bill	100% of the excess bill
b.	Underground leaks	100% of the excess bill	100% of the excess bill
c.	Toilet or faucet	None	None
d.	Identified leaks other than in subsection (b)(1)a, (b)(1)b or (b)(1)c of this section	50% of the excess bill	100% of the excess bill (50% of if water drains through sewer)
e.	Toilet leak, if customer is deaf	100% of the excess bill, if approved by the commissioner of the department of watershed management or designee	100% of the excess bill, if approved by the commissioner of water or designee
f.	Vandalism	50% of the excess bill	100% of the excess bill

 

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(2)

Maximum time period to which adjustments will be applied.

a.

Meter leaks, unlimited time period.

b.

Underground leaks, two billing periods.

c.

Identified leaks as in subsection (b)(1)d of this section, one billing period.

d.

Toilet leak, if customer deaf, two billing periods.

e.

Vandalism, two billing periods.

(3)

Proof. Satisfactory written proof must be furnished to the commissioner of the department of watershed management by the customer that the leak actually existed and that it has been repaired. The commissioner or his/her designee may, at his/her discretion, verify that the repairs have indeed been made if the billing has not returned to the average consumption.

(c)

The authority of the commissioner of the department of watershed management to make adjustments in water and sewer bills is limited as follows:

(1)

The commissioner is authorized and directed to make adjustments to water bills for circumstances listed in subsection (b) of this section not attributable to meter-reading errors or computer entry billing errors not exceeding $5,000.00 for each adjustment. Adjustments by the commissioner exceeding $5,000.00 for circumstances listed in subsection (b) of this section not attributable to meter reading errors or computer entry billing errors must be approved by resolution of the council.

(2)

Adjustments in water bills may be made by the commissioner of the department of watershed management for meter reading errors or computer entry billing errors regardless of amount.

(3)

No adjustment shall be made to accounts for charges due and payable more than one year previously.

(4)

Adjustments to bills shall be considered for water service customers where the request was made within one year of the date the charges were due and payable but such request was not processed by the city within one year.

(d)

Records. The commissioner of watershed management shall keep and maintain for a period of four years records of each adjustment.

(Code 1977, § 9-4070; Ord. No. 1996-62, 8-26-96; Ord. No. 2001-97, § 1, 12-11-01; Ord. No. 2006-53, §§ 4, 5, 8-29-06; Ord. No. 2007-39(07-O-0956), § 13, 6-26-07; Ord. No. 2010-70(10-O-1914), § 13, 12-15-10)