§ 22-2-1-215. Interference with meters—Averaging charges—Adjustment of water bill.

A.

No person, except a city employee who is duly authorized, shall interfere with or obstruct access to any meter used for the measurement of city water. If a meter is obstructed, which obstruction prevents the city from reading the meter, maintaining the meter or taking other necessary action, the owner or occupant of the property shall be notified to remove or eliminate the obstruction within twenty-four (24) hours. If said obstruction is not removed after proper notice, the city shall cause the obstruction to be removed at the owner's or occupant's expense. Any expense incurred shall be included on the owner's or occupant's next water bill. Notice shall be provided by delivery to the person named on the water account at the address provided, by posting the notice on the obstruction or by posting the notice prominently on the main entrance of the premises being supplied water by the obstructed meter. In addition to the above procedure for removal of the obstruction, the owner or occupant of the premises may be cited for violation of the provisions of the subsection and the penalty therefore shall be as set out in Section 1-119 of this code.

B.

In the event that any meter is obstructed which prevents the meter from being read during a billing cycle or should the meter fail to register properly and not show correctly the quantity of water used since the last reading, in arriving at the quantity used, the right shall exist on the part of the city to average the month and charge for water on a basis of the previous twelve (12) months' consumption rate.

C.

Inaccurate meter reading: In any case where there appears to be a gross discrepancy in the amount of apparent water consumption, the city may, upon request of the customer, prior to the delinquent date of the bill, verify the reading of the meter. In the event the meter was misread, the error will be corrected.

D.

Leaks: In cases of a hidden underground water leak in a customer's service line of which the consumer was unaware, and which could not have been detected, an adjustment of such account may be allowed subject to the following conditions:

1.

Within thirty (30) days of the current bill date, the consumer must provide the Revenue Services Division with written notification that they have an underground leak at the service address.

2.

Following notification to the Revenue Services Division, the consumer must repair the leak within the next ten (10) days.

3.

All repairs must have been completed by a licensed plumber before any account adjustment can be approved.

4.

A written statement from a licensed plumber reflecting the nature of repair, stating where the leak in the service line was located, the date it was discovered, and the date of repair must be submitted to the city within two (2) weeks of the date of the repair.

5.

A leak adjustment shall not exceed two hundred dollars ($200.00). Only one (1) leak adjustment will be allowed within a one-year period beginning from the date of notification of an approved leak adjustment.

6.

Only underground leaks on the service line between the meter and the structure or under the main floor of the building(s) qualify for a leak adjustment. Any other water lines relating to irrigation systems, swimming pools or other purposes are excluded. Bills for increased consumption due to leaking or running toilets, leaking or broken hot water tanks, or other fixtures do not qualify for adjustment.

7.

The consumer shall be responsible for timely payment of the bills that become due up to the amount of the average monthly water consumption for the address in question until, and if, an adjustment to his account has been approved.

8.

Upon meeting all of the above requirements, a leak adjustment of up to two hundred dollars ($200.00) may be approved by the finance director.

9.

For purposes of this section, "average monthly water consumption" is defined as the average monthly consumption of water during the previous 12-month period or if the account has not been active for the previous twelve (12) months, then the average water consumption during the number of months the account has been active.

10.

Leak adjustments shall not apply to any customer's water lines outside the city limits.

11.

If approval of a leak adjustment is denied by the finance director, the consumer may appeal that decision to the city manager or his designee. The city manager's decisions on leak adjustment requests shall be final.

12.

After approval or denial of any leak adjustment, and if the consumer's monthly bill remains in excess of their average monthly water consumption, payment arrangements may be requested under City Code Section 22-1-1-104.D and Administrative Policy 4-3.

E.

In the event a consumer is granted a water leak adjustment under this section, an equivalent adjustment to the water conservation charge, which is based on water consumption, may be allowed as well. The adjustment, if any, shall be based on the consumer's revised water consumption billing.

F.

In the event a consumer is granted a water leak adjustment under this section, an equivalent adjustment to the sanitary sewer service charge may be allowed as well if it is based on water consumption. The adjustment, if any, shall be based on the consumer's revised water consumption billing.

(Ord. 2004-43, Amended, 12/09/2004; Ord. 2004-17, Amended, 04/27/2004; Ord. 2003-51, Amended, 11/11/2003)

(Ord. 2008-67, Amended, 11/04/2008; Ord. 2008-08, Amended, 01/22/2008; Ord. 2006-85, Amended, 11/14/2006)

(Ord. No. 12-10, § 1, 3-13-2012; Ord. No. 15-29 , § 1, 11-10-2015)