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HomeMy WebLinkAbout1189 Ord ( Establishing a Procedure for Consumer Adjustments to Utility Bills)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1189 AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Stillwater City Code Chapter 28, Water Utility, is hereby amended to include a new Section 28-4, Adjustments to Utility Bills, which shall be enacted as follows: Sec. 28-4. - Adjustment to Utility Bills. Subd. 1. Policy and purpose. It is the policy of the city of Stillwater to make adjustments to consumer utility bills where an adjustment is necessary to correct mistakes, equipment failures, or fairly apply the rates and rules. The purpose of this policy is to improve consumer service by enabling city staff to quickly and accurately respond to consumer requests for adjustments to utility bills. Subd. 2. Requests for adjustments. When a consumer disputes a water bill, the consumer may request an adjustment for one of the reasons set forth in subdivision 4. All requests for adjustments must be made in writing within fourteen (14) days of the date the water bill was sent, addressed to the finance director. Written requests shall state the name of the account holder, service address, contact information and the reason for the requested adjustment. The consumer shall further provide all information requested by the panel deemed necessary to make a determination on the request. Subd. 3. The panel. A panel of two (2) persons, made up of the city engineer/public works director, and finance director, their designees, or two other members appointed by the city administrator, shall determine the amount, if any, of the adjustment to be made. Subd. 4. Adjustments allowed. (1) The panel is authorized to make adjustments to water bills, without prior city council action, for the following situations: (a) Billing error. Where an error has occurred that results in an inaccurate water bill being sent to a consumer, staff shall correct the error as soon as discovered, whether by the consumer or by staff. These adjustments include data recording and entry errors as well as meter failures if tested and found to be inaccurate. (b) Water line freeze. Adjustments to charges when a consumer experiences extraordinary water consumption during a billing period following a water line freeze and the city advised the consumer to leave a drip running during the period of time covered by the water bill. (c) Water break or malfunction. If the panel is shown evidence that the consumer made a good faith effort to address a break or malfunction in a timely manner, then the rate may be adjusted to a lower tier for the billing cycle in question and the winter quarter sanitary sewer average may be re-established to a rate based on usage history. (2) After an adjustment is made by the panel, the bill is due and payable within fourteen (14) days of the panel's decision. Subd. 5. Adjustments not allowed. The panel will not consider adjustments when a consumer experiences extraordinary water consumption due to a break or malfunction and the consumer has not made a good faith effort to address the break or malfunction in a timely manner or when the appeal is untimely. Subd. 6. Response. The panel shall respond in writing to the request for an adjustment within twenty (20) days after receiving all the information necessary to make a determination on the request. Subd. 7. Appeal from the decision of the panel. If the consumer is not satisfied with the decision of the panel, the consumer may appeal by following the process provided in City Code section 22-10, subd. 3. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: An ordinance establishing a procedure for consumers to request an adjustment to their utility bill. SECTION 3 EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 16th day of August, 2022. CITY OF ST,ILLWATER • Ted Kozlowski, Mayor 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Debra Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/19/2022 and the last insertion being on 08/19/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 08/19/2022 by Debra Schwalba. Notary Public ; MARLENE M MITCHELL i?�''''' Notary Public 0 '%;; '1&1 Minnesota '', i': My Commission Expires .. W T_ _Jan 31, 2025 _ y M I a Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1189 AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS The City Council of the City of Stillwater does ordain: An ordinance establishing a procedure for consumers to request an adjustment to their utility bill. Approved this 16th day of August, 2022. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette August 19, 2022 1251338 Ad ID 1251338