Section 2868. Abatements
(a) Minimum or Standby Charges. Requests for abatement of sewer use charges based on disagreement with the Superintendents determination of a propertys equivalent user rating under section 2862(a) above must be made to the Superintendent in writing within six (6) months after the billing date for the charges concerned. If the Superintendent fails to grant the requested abatement, an appeal may be made in writing to the City Manager within thirty (30) days after the Superintendents action. Abatement requests exceeding $150.00 per account shall be referred to the City Council for final action.
(b) Metered Flow Charges or Billing Errors. Upon recommendation of the Superintendent, the City Manager shall have the authority to abate sewer use charges based on errors or mistakes in metering, meter reading or billing for the account or property concerned. Requests for abatement under this paragraph must be made to the Superintendent in writing within six (6) months after the billing date for the charges concerned. Abatement requests exceeding $150.00 per account shall be referred to City Council for final action.
(c) Hardship. Upon recommendation of the City Welfare Director, the City Manager shall have the authority to abate sewer use charges for personal hardship. Requests for abatement under this paragraph must be made in writing to the City Welfare Director within six (6) months after the billing date for the charges concerned. The City Welfare Director shall have discretion to extend this period for reasonable cause. Requests for abatement under this paragraph shall include such financial information regarding the applicant and other persons legally responsible for the account as the Welfare Director may reasonably require. Abatement requests exceeding $150.00 per account shall be referred to the City Council for final action. No abatement may be granted under this paragraph except upon a finding by the
CityManager or City Council that no person legally responsible for the account is capable of paying the charges concerned. Abatements may be granted in whole or part, as the circumstances may require. No abatement shall be granted under this paragraph for service provided to a non-residential property. All requests for abatement under this paragraph and associated information shall be treated as confidential, and all hearings on such applications shall be conducted in executive session. Provided that the final decision and/or vote of the City Manager or City Council on any abatement request under this paragraph shall be a matter of public record.
(d) Minor or Uncollectible Amounts. The Superintendent shall have the authority to abate uncollected balances on closed accounts, not exceeding $20.00 per account, that the Superintendent determines to be not readily collectible through ordinary collection procedures.
Upon recommendation of the City Attorney, the City Manager shall have the authority to abate unpaid, unsecured balances on any sewer account that has been discharged in bankruptcy, or that the City Manager determines to be uncollectible due to death, business dissolution, or other causes. Abatements exceeding $150.00 per account shall be referred to the City Council for final action.
(e) Abatement Records. The Superintendent shall maintain records of all abatements granted under this section, indicating the account number, property location, amount abated, date, and type of abatement. Records maintained by the Superintendent for this purpose shall be public records. The Superintendent shall provide a written report to the City Manager and City Council, on a quarterly basis, listing all abatements granted during the preceding quarter.
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