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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