[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
Pursuant to this article, there shall be established
a Sewer User Charge Review Board which shall be charged with the responsibility
of receiving, reviewing, investigating and determining the merit of
any grievance filed by a customer contesting the validity or amount
of the sewer user charge which has been levied against that customer
by the City of Kingston Water Department. The Sewer User Charge Review
Board shall consist of the members of the Board of Public Works and
shall be organized and exist in accordance with the rules for the
Board of Public Works. The Common Council has authorized the Board
of Public Works to handle Sewer User Charge Review Board matters.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
The procedure for appealing a contested bill
shall be as follows:
A. Any claim disputing the sewer user charge shall be
made and reviewed by the Mayor only if the contested bill has been
paid in full to the Kingston Water Department prior to the billing
due date.
B. The customer shall file, in writing, a claim with
the Mayor prior to the billing due date for which bill the claim is
directed, and said written claim must indicate the bill which is being
contested, the amount which is being contested and the reason for
which said bill is being contested.
C. Upon receipt of the written claim properly and timely
filed with the Mayor, the Mayor shall cause an investigation of the
claim to be conducted to determine the merit of the claim.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
Within 60 days after receipt of the claim, the
Mayor shall decide on the merit of the claim and whether the customer
is entitled to a refund of all or a portion of the contested bill
previously paid. The Mayor shall notify the customer, in writing,
of the determination, and, in the event that the Mayor does not mail
the determination to the customer within 60 days after receipt of
the contested claim, the customer shall be entitled to 8% interest
per annum from the date the bill was paid on any amount that the Mayor
determines to be refundable to the customer.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the customer wishes to appeal
the determination of the Mayor, the sole appeal shall be an Article
78 proceeding commenced in accordance with the Civil Practice Law
and Rules.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the Mayor determines that
the customer is entitled to an adjustment in his billing for the sewer
user charge, the Mayor shall notify the Kingston Water Department
to adjust the billing in accordance with the determination of the
Mayor.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the Mayor determines that
the customer is entitled to a credit or refund, the Mayor shall notify
the Kingston Comptroller to issue a refund to the customer in the
amount as determined by the Mayor.
The appeals procedure for contested sewer user
charges as set forth in this article shall be the sole and exclusive
appeal procedure.