[HISTORY: Adopted by the Board of Selectmen of the Town of
Northbridge 7-9-2001; amended 8-30-2004, 7-11-2005; 9-8-2009;
and 4-12-2010. Subsequent amendments noted where applicable.]
Any customer of the Northbridge water system or sanitary sewer
system may file an abatement request if he or she believes that the
amount charged on the utility bill is in error by reason of incorrect
readings, disruption of service, miscalculation of bill or other similar
reason. Beginning with all sewer bills issued after July 1, 2009,
the Town has adopted a winter quarter billing policy for all sewer
bills. On March 22, 2010 the Board of Selectmen amended the winter
quarter billing policy so that it applies only to single family residences.
All other categories of sewer customers will be billed using actual
water consumption for each billing quarter. All sewer bills for single
family residences will be based on the customer's winter quarter water
consumption, therefore sewer abatement requests for lawn watering,
garden irrigation, pool maintenance and similar outdoor usages will
not be accepted. Abatement requests will not be considered when filed
to dispute the utility rate being used to calculate the utility bill.
Abatement requests must be received by the Town within 30 calendar
days of the billing date of the bill being disputed on a form approved
by the Board of Selectmen. Application forms may be obtained from
the Town Manager's Office, Treasurer-Collector's Office, Department
of Public Works or on the Town of Northbridge website at www.northbridgemass.org/dpwforms.htm.
Applications received more than 30 days after the billing date are
untimely submissions and will be returned without action. The request
must state the reason for the abatement request and the amount of
abatement being requested. The burden of proof for the abatement shall
rest upon the applicant. The abatement request must include adequate
information that will support the applicant's request. Some examples
include previous utility bills indicating different meter readings,
evidence of mathematical errors in computing charges, evidence of
faulty meters, etc.
Abatement requests will be submitted to the Town Manager's office
and immediately forwarded to the Department of Public Works (the Department)
for investigation and review. The written determination of the Department
on the disposition of the abatement request will normally be completed
and returned to the applicant within calendar 30 days of receipt of
the abatement request. The Department is authorized to approve, modify,
or reject the request of the applicant or take any other action deemed
appropriate in disposition of the abatement request. The Department
will notify the applicant in writing of their determination.
In the event that the applicant disputes the decision of the
Department, the applicant may appeal the decision in writing to the
Board of Selectmen. The applicant's appeal must provide specific evidence
in support of his/her position in disputing the decision of the Department.
At the next regularly scheduled Selectmen's meeting after receipt
of the applicant's written appeal, the Chairman of the Board of Selectmen
will place the abatement request appeal on their agenda and will so
notify the applicant. The Selectmen will review the abatement request
appeal, allowing the applicant to speak to the issue, and the determination
of the Department of Public Works. The Board of Selectmen will then
render a final decision on the applicant's appeal.
The Board of Selectmen may resolve the abatement request appeal
on the basis of the applicant's position, the Department's determination,
some combination thereof, or on any other basis as deemed appropriate
by the Board. The Board may also table the matter to a future meeting
should it require additional time to make a decision or require additional
information, but in no event will a final decision be delayed longer
than 30 days after the matter has first been heard by the Selectmen.
To prevent the issuance of late notices and the assessment of
interest charges, applicants must make timely payment of their utility
bills. It is not necessary for the abatement applicant to pay the
disputed amount pending the decision of the Department of Public Works;
any undisputed amount, however, shall be paid when due. Before applying
for an abatement, applicants should contact the Department of Public
Works at 508-234-3581 to obtain information on minimum payments that
must be submitted to prevent issuances of late notices. Should the
decision of the Department not be in favor of the applicant or should
the amount of the abatement that is approved be less than the amount
requested, the applicant will be required to pay any interest charges
that may have accrued on the disputed balance.
Although it is the policy of the Board of Selectmen to use discontinuance
of service as its preferred method of requiring payment of outstanding
utility bills, in certain situations liens may be placed on the real
estate where the service is provided pursuant to MGL C. 40, §§ 42A
through 42E (water) or MGL C. 83, §§ 16A through 16E
(sewer). The owner of the real estate has a right to request an abatement
of the amount of the lien as allowed in the before-mentioned statutes
and, to the extent possible, the Board of Selectmen will utilize the
procedures outlined in this policy in deciding the abatement request.
This policy is effective seven days after adoption by the Board
of Selectmen and is applicable to all water and sewer bills issued
by the Town of Northbridge with a billing date more than seven days
after the adoption of this policy.
Applicants may contact the Northbridge Department of Public
Works (DPW) at 508-234-3581 to obtain assistance in filing an application.
Contact with the DPW does not relieve applicants of their responsibility
to make timely payments of the undisputed billing amount or of the
requirement to file an application within thirty days of the billing
date.
