7553.11. - RELIEF FROM COMPLIANCE. ADMINISTRATIVE RELIEF.

A Water Appeals Board is hereby established to hear appeals as set forth in this Urgency Ordinance. Any customer against whom a penalty is levied pursuant to Section 7553.9 et seq. or who is dissatisfied with their base allotments shall have the right to an office conference before representatives of the Water Division, and if still aggrieved following that proceeding may appeal to the Water Appeals Board. The Water Appeals Board shall be comprised of three representatives from city departments as designated by the City Manager.

The following procedural requirements shall apply with regard to the office conference and appeal:

(a)

Request for an office conference must be filed in writing with the Water Division within ten (10) working days after receipt of the water bill. The customer must state the grounds for his request in writing.

(b)

The office conference shall occur within ten (10) working days of receipt of the request.

(c)

The Water Division shall render a decision within ten (10) working days of the office conference.

(d)

An appeal may be filed within ten (10) working days after a final decision by the Water Division to the Water Appeals Board. The appeal should state the grounds upon which it is based, and what remedy, if any, the Appellant seeks.

The Water Division shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it considers necessary to resolve said application for relief. In determining whether relief shall be granted, all relevant factors including, but not limited to, the following shall be considered:

(1)

Whether any additional reduction in water consumption will result in unemployment;

(2)

Whether additional members have been added to the household;

(3)

Whether any additional landscaped property has been added to the base period property;

(4)

Changes in vacancy factors in multi-family housing;

(5)

Increased number of employees in commercial, industrial, and governmental offices;

(6)

Increased production requiring increased water;

(7)

Necessary water uses during new construction;

(8)

Adjustments to water use caused by emergency health or safety hazards;

(9)

First filling of a permit-constructed swimming pool;

(10)

Water use necessary for reasons related to family illness or health.

No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in water consumption, as the case may be, other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested by the Water Division, fails to provided the Water Division with information whereby the services provided to him can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter. If an action on the application for relief is mutually agreed upon between the Water Division and the customer, the agreement shall be in writing and signed by the customer, and no appeal on the application may be made by the customer.

Notwithstanding any other provision of law, any wilful misrepresentation of a material fact by any person to the Water Division or to the Water Appeals Board, made for purpose of securing relief from the provisions of this Urgency Ordinance for any customer, is unlawful; and a violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.