§ 44-24. Fee challenge, procedure.  


Latest version.
  • (a)

    Any customer or prospective customer may challenge the rates set forth herein by notifying the mayor and water commissioner in writing outlining the grounds for the challenge. Upon receipt of the challenge by the mayor and water commissioner, a board of review, consisting of the mayor, mayor pro tempore, and water commissioner, shall be convened within five days after receipt of the challenge. The water commissioner shall inform the challenging customer within 48 hours, of the time, date, and place the board or review will be convened. All meetings of the board of review shall be held in public and all meetings of the board shall be advertised two days prior to the convening of the board of review by placing a notice thereof in a conspicuous place in the municipal hall and post office. The notice shall set forth the time, date, and place the board of review will convene and will state the name of the challenger and the nature of his complaint.

    (b)

    Immediately after argument has been heard from any interested party, the board shall vote, by roll call, to overrule or sustain the challenge and shall then take appropriate measures to implement the decision of the board of review.

    (c)

    If the relief sought by the challenger is not granted, he shall have the right to appeal the decision of the board of review to the board of aldermen at the next regular meeting of same. The request by the challenger to an appeal hearing shall be in writing and shall be presented to the clerk no later than Monday of the week the board of aldermen is to meet in regular session. All appeals shall be heard in open session and the mayor shall have the right to vote on all issues up for appeal and voting shall be by roll call. In case of a tie vote, the decision shall be in favor of the challenger and against the board of review. In the event the board of aldermen and mayor vote to reverse the board of review, either by simple majority or tie vote, the board of aldermen and the mayor in committee, and in public hearing, shall take appropriate action consistent with its decision on the issue.

(Code 2004, § 10.6; Ord. of 8-16-1984)