HomeMy WebLinkAbout2013-06-10 13-196 ORDINANCECOUNCIL ACTION
Item No. -13-196
Date: June 10, 2013
Item/Subject: ORDINANCE, Amending Chapter 252, Sewers and Drains, of the Code of the
City of Bangor, By Increasing the Authority of the Superintendent to Review
Abatements
Responsible Department: Waste Water Treatment Plant
Commentary: This Ordinance amends provisions of the City Code concerning the issuance of
sewer user charge abatements. The amendments will make the abatement process more
efficient while improving oversight by the Council committee responsible for the Sewer Fund.
The amendments include shortening the time limit to request abatement to 90 days; requiring
any outstanding balance owed the City to be paid before the abatement is processed; and
increasing the limit at which the Superintendent can grant abatement without Council approval
to $3000. Also, the Superintendent will now provide a quarterly report to the appropriate
committee of the Council summarizing processed abatements. Lastly, the owner/tenant of the
property in question must now sign the abatement request for it to be considered. This item
was reviewed and recommended for approval by the Infrastructure Committee at its May 28,
2013 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
x First Reading
x Referral to Infrastructure Committee on June 11, 2013
Department Head
Finance Director
dify Solicitor
13-196
JUNE 10, 2013
r(S�,^N�:z'. Assigned to Councilor Gallant
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CITY OF BANGOR.
�R4IED.f�'�
ORDINANCE, Amending Chapter 252, Sewers and Drains, of the Code of the City of Bangor, By
Increasing the Authority of the Superintendent to Review Abatements
WHEREAS, given the number of sewer abatement requests the City receives, and the straightforward
character of a number of these requests, the Superintendent of the Wastewater Treatment Plant is
capable of handling many of these requests without need for direct involvement of the City Council;
WHEREAS, 90 days is sufficient time for a reasonable ratepayer to discover any sewer use issues and
request an abatement;
WHEREAS, in the interests of equity, abatements should not be granted to ratepayers who otherwise
owe money to the City; and
WHEREAS, the owner or tenant of a property should have knowledge of an abatement request and
any underlying problems;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 252 of the Code of the City of Bangor be amended as follows, with the amendment taking
effect 90 days after passage of the amendment by the City Council:
§ 252-25. Abatement of and discounts to sewer use charge.
A. Abatements of sewer use charges may be granted by the Superintendent of the wastewater
treatment plant upon application of a ratepayer, where the ratepayer can demonstrate that a loss
of water occurred due to no fault of the ratepayer, his or her agents or employees. Abatement
requests from commercial properties will be considered only if the loss of water was from building
services (furnace, toilet, water heater, etc.), not from equipment used in the course of business, or
unless otherwise allowed by § 252-25I of the Bangor Code. Ratepayers are responsible for
exercising due care in the maintenance of their water and sewer systems to prevent water losses.
For purposes of abatement, "due care" shall be defined as the normal and reasonable steps which
would be taken by a prudent individual in operating and maintaining his or her sewer systems. A
property whose owner has requested more than one abatement in any twelve-month period shall
be subject to a property inspection by the Bangor Code Enforcement Division to verify compliance
with the City of Bangor's Property Maintenance Code and to ascertain whether due care is being
exercised by the property owner. The inspection report, along with the abatement request, will be
referred to the appropriate committee of the City Council. To be considered, a request for
abatement must be made within 4N 90 days of the billing date of the bill in question.
IN CITY COUNCIL
June 10, 2013
F"r Readin
CITY CL RK
IN CITY COUNCIL
June 24, 2013
Motion made and seconded for Passage
Vote: 9-0
Councilors Voting Yes: Baldacci, Blanchette, Civiello,
Gallant, Hawes, Longo, Nealley, Sprague, Durgin
Councilors Voting No: None
Passd-A.
CITY CLEffK
13-196
JUNE 101, 2013
B. Valid reasons for a request for abatement include, but are not necessarily limited to, unanticipated
water pipe breakage, plumbing fixture malfunction, heating system malfunction and vandalism.
Upon notice or knowledge of such circumstances, the ratepayer is responsible for taking
appropriate and timely action to remedy the problem.
C. The Superintendent shall be responsible for researching the basis for the requested abatement in
light of the due care standard established in Subsection A above. He or she shall make a record of
the results of the investigation, which shall include an estimate of the amount of water lost. The
estimate of water lost shall be based on a minimum of the previous four quarters of water
consumption, if available, and consideration of seasonal water use patterns. This estimate of water
loss shall be used to calculate the amount of the abatement should one be granted.
D. When an abatement is granted, the amount of the abatement shall be calculated based on the total
sewer use charge for the estimated amount of water lost less the cost to convey and pump the
estimated amount of water lost through the sewer system and treatment plant. The Superintendent
shall be responsible for calculating, on an annual basis, the cost to convey and pump
uncontaminated water through the sewer system and treatment plant. The basis for this calculation
shall be the prior fiscal year's operation and maintenance costs of the system and plant.
E. When an abatement is granted, the Superintendent shall be responsible for taking the necessary
steps to correct the appropriate; billing records to reflect the abatement or to process a credit
where the sewer use charge in question has been paid. Abatements granted shall be used te erreeddift
past due -6-ilan�{eld�%oil ugly 3V.TT ill(s) owed by the appi-eant prior to issuanee eF a
Any outstanding balance owed the City by the properly owner must be
paid before the abatement is processed.
F. Any abatement exceeding $588 3000 must be reported to and confirmed by the appropriate
committee of the City Council prior to final approval and the processing of a correction or credit.
G. The Supgrintendent will submit a quarterly report to the appropriate committee of the City Council
summarizing processed abatements. The regorts will be submitted in January. April, July and
October.
GtL Any ratepayer who disagrees with the decision of the Superintendent to deny an abatement or
with the amount of an abatement calculated by the Superintendent may, within 30 days of the date
the ratepayer is notified of the Superintendent's decision, appeal the decision to the appropriate
committee of the City Council. Appropriate City staff shall notify the ratepayer of the date, time and
location of the meeting at which the appeal will be considered. In order for the appeal to be
considered, the ratepayer and/or his or her representative must be present at the meeting. At the
request of the ratepayer, consideration of the appeal may be postponed to a future meeting to be
held within 60 days of the date established for the original meeting. Failure of the ratepayer to
appear before the committee at the originally scheduled meeting or at a subsequent meeting called
at the ratepayer's request shall result in the denial of the appeal. The decision of the appropriate
committee of the City Council shall be final.
I. For the purposes of this section, ratepayer is defined as the owner or tenant of the property. The
ratepayer must sign the abatement request.
KJ. Abatements shall not be granted for water used for watering lawns or gardens ...
13-196
JUNE 10, 2013
1-.K. Any ratepayer which uses water in its end manufactured product ...
IL. Development discounts.
Additions are underlineddeletions struEk-threugh.