5506ORDINANCE NO. 5506
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTIONS 10.12.055 AND 10.12.065 TO CHAPTER
10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO DISPUTED SANITATION BILLS AND
ADJUSTMENT OF ERRORS IN SANITATION BILLS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Section 10.12.055 be, and the same is hereby,
added to Chapter 10.12 of Title 10 of the Anaheim Municipal Code to
read as follows:
"10.12.055 DISPUTED SANITATION BILLS
.010 A customer who believes his or her bill for
sanitation services is in error must, within twelve (12)
days after the date of mailing as shown on the bill,
contact the Sanitation Management Assistant, either by
telephone between the hours of 7:00 a.m. and 4:00 p.m.,
Monday through Friday, or in writing at the Sanitation
Division, P.O. Box 3222, Anaheim, California 92803.
.020 If the dispute is not resolved by contact with
the Sanitation Management Assistant, the customer must send
a copy of the disputed bill with a written statement
supporting his or her position that the bill is incorrect
to the Sanitation Superintendent, Sanitation Division, P.O.
Box 3222, Anaheim, CA 92803. The customer must also remit
payment, payable to the City of Anaheim, for the amount of
the bill, together with the bill, to the Public Utilities
Department, P.O. Box 3222, Anaheim, CA 92803; in order to
avoid discontinuance of service, the remittance must be
received not later than forty-five (45) days after the
billing date shown on the bill.
.030 Failure to make payment within forty-five (45) days of
the billing date shown on the original bill shall warrant
discontinuance of sanitation services.
.040 Upon receipt of the written statement, the Sanitation
Superintendent shall review the basis of the billed amount
and the statement submitted by the customer. The results
of this review and a statement of decision shall be mailed
to the customer within fifteen (15) days. The date of
mailing shall be shown on the statement of decision.
.050 Failure of the customer to file a written statement
with the Sanitation Superintendent within twelve (12) days
after the date of mailing of the finding by the Sanitation
Management Assistant shall constitute acceptance by the
customer of the bill as rendered.
.060 If additional bills become due which the customer
disputes before completion of the Sanitation
Superintendent's review, the customer shall remit payment
(payable to the City of Anaheim) for the amount of the
additional disputed bills to the Public Utilities
Department and shall send copies of those additional bills,
together with additional written statements, to the
Sanitation Superintendent, within twelve (12) days after
the date of mailing of each such bill, stating the basis of
the customer's belief that such bills are incorrect.
.070 Failure to make payment within 45 days of the billing
date shall warrant discontinuance of service; failure to
send copies of the additional bills and the additional
written statements to the Sanitation Superintendent shall
constitute acceptance by the customer of the additional
bills as rendered.
.080 If the dispute is not satisfactorily resolved with the
Sanitation Superintendent, the customer may, within twenty
(20) days after the date of mailing of the Sanitation
Superintendent's statement of decision, present to the City
Clerk a petition to the City Council for final
determination. Failure of the customer to present a timely
petition to the City Council for final determination shall
constitute acceptance by the customer of the Sanitation
Superintendent's findings.
.090 The procedure set forth herein shall be the customer's
sole remedy for disputed sanitation bills."
SECTION 2.
That new Section 10.12.065 be, and the same is hereby,
added to Chapter 10.12 of Title 10 of the Anaheim Municipal Code to
read as follows:
"10.12.065 ADJUSTMENT OF ERRORS IN SANITATION BILLS
.010 When an overcharge or undercharge is discovered by
City personnel, or when a disputed bill proceeding results
in a determination that the bill was in error, the error
shall be corrected back to the date for which the
overcharge or undercharge may be reliably established.
However, undercharge adjustments in billing shall not
exceed a period of twelve (12) months prior to the time the
error was discovered, for single-family residential
service, or a period of twenty-four (24) months for all
2
other service classes. Overcharge adjustments shall not
exceed a period of twenty-four (24) months prior to the
time a disputed bill proceeding was initiated or an error
was discovered by City personnel, for all service classes,
unless directed otherwise by the Director of Public Works.
.020 When the cost to the City of correcting an undercharge
would exceed the amount of the undercharge, the Director of
Public Works may waive the adjustment.
.030 When a credit balance results from adjustment of an
overcharge, refund of the credit balance in cash or by
warrant shall be made at the request of the customer unless
the cost to the City of processing the payment (as
determined by the Director of Finance) would exceed the
amount of the refund. However, a credit balance on a final
bill shall be refunded unless waived by the customer."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 11th day of my 1995.
MAY6R OF THE CITY OF AHEIM
ATTE�
CITY CLERK OF THE CITY OF ANAHEIM
12198.1\EEGAN\May 25, 1995 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5506 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th
day of June, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 11th day of July, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5506 on the
11th day of July, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 11th day of July, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Ordinance No. 5506 and was published once in the North Orange County News on the 20th day of July,
1995
CITY CLERK OF THE CITY OF ANAHEIM