15.04.095 Finance director’s authority to adjust water, sewer and surface and stormwater utility bills.
The finance director or the finance director’s designee is authorized to adjust water, sewer and surface and stormwater utility bills as follows:
A. Breaks or Leaks in Water Service Line. When the customer has suffered a break or leak in the portion of the water service line between the water meter and the external entrance to the structure being served, the customer may apply to the finance director for an adjustment of his or her water and sewer bill, subject to the following requirements and limitations:
1. No adjustment for water bills shall be allowed for any leaks or service breaks that occur after the external entrance to the premises. This shall include, by way of example and not limitation, leaks in toilets, faucets, water heaters, and spigots. No adjustment for water bills shall be allowed for any leaks or breaks in a metered irrigation line.
2. No customer may obtain more than one leak adjustment for the same metered water account in any 10-year period. Sewer billings may be adjusted for additional leaks in the water service line; provided, that the owner demonstrates to the finance director’s reasonable satisfaction that the excess water consumption did not enter the sewer system.
3. The break or leak in the service line and its repair must be documented in a manner that is acceptable to the finance director. Documentation shall include a licensed plumber’s itemized invoice, repair order, city of Bellingham public works department inspection documentation or other documentation as necessary to support the adjustment request and to document any repairs.
4. A request for an adjustment shall be on form(s) provided by the finance department.
5. The finance director shall determine the amount of the adjustment in his or her discretion. The adjustment amount shall not exceed 50 percent of the amount determined to be the excess usage charge for water and 100 percent of the excess usage charge for sewer; provided, that the excess water consumption did not enter the sewer system. No adjustment for sewer charges shall be allowed if the excess consumption entered the sewer. Historical records may be used to assist in the determination of the adjustment amount.
6. No adjustment shall be made for billings made more than one year prior to the date of the customer’s application for adjustment, or the date the city discovered the leak or break, whichever occurred first. No more than two billing cycles may be adjusted per leak adjustment.
B. Utility Billing Errors. If, upon receipt of an application for an adjustment, or during an audit or examination of the customer’s account, the finance director determines that the city has overbilled or underbilled a customer for water, sewer or surface and stormwater due to city error, then the finance director shall notify the customer in writing and cause a backcharge, refund or credit to be issued to the customer to correct the error. No backcharge, refund or credit shall be issued to correct billings for a billing cycle that ended more than one year prior to the date that the city discovered the error or received the customer’s application for a credit or refund, whichever occurred first. Notwithstanding the foregoing, backcharges to correct underbillings resulting from customer fraud shall apply retroactively to the maximum extent permitted by law.
C. Appeals. Any determination made under this section may be appealed in accordance with the procedures in BMC 15.04.120. [Ord. 2021-04-014 § 2; Ord. 2002-03-016].