City of Grand Ledge, MI
Eaton County
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Table of Contents
Table of Contents
[Adopted 2-25-1991 by Ord. No. 404]

§ 8-48 Title.

This article shall be known as the "City of Grand Ledge Water and Sewer Disputes Committee Ordinance."

§ 8-49 Committee established; operation.

A. 
The Committee shall consist of five voting members, two members appointed from the Public Service Committee, the Director of Public Services, or his designee, the City Administrator and the Utility Billing Clerk. In addition, the City Attorney and City Treasurer shall attend as ex officio nonvoting members.
[Amended 4-26-2004 by Ord. No. 493]
B. 
A majority of the voting members of the Committee shall constitute a quorum for conducting the business of the Committee.
[Amended 11-12-2002 by Ord. No. 484; 4-26-2004 by Ord. No. 493]
C. 
The Committee shall meet within 30 days of the filing of a Notice of Dispute at the call of the Committee Chair.
[Amended 4-26-2004 by Ord. No. 493]
D. 
Any person wishing to be heard by the Committee shall file a Notice of Dispute with the Grand Ledge City Clerk, on forms provided by the Clerk, not later than 30 days after the date of the water bill for the period wherein the error is alleged to have occurred. Failure to file within said period will terminate the customer's right to appeal for that period.
[Amended 4-26-2004 by Ord. No. 493]
E. 
The Committee shall hold regular meetings on the second Monday of each month at 6:00 p.m. during any month when a Notice of Dispute shall have been timely filed, and special meetings at the call of the Chairperson.
F. 
Any person wishing to be heard by the Committee shall file a Notice of Dispute with the Grand Ledge City Clerk, on forms provided by the Clerk, not later than seven calendar days prior to the next scheduled meeting of the Committee. Any Notice of Dispute filed less than seven days before a scheduled meeting shall be heard at the meeting scheduled for the following month.
G. 
The Committee shall consider all evidence presented in connection with the dispute and any information available from City records or City personnel relating to the dispute. The Committee shall have the power to determine appropriate rates prospectively and for a period not to exceed three years prior to the filing of a Notice of Dispute to conform with the evidence provided and to grant relief from disputed charges or billings. Relief shall be granted only upon a finding that the same will not be contrary to the public interest or to the intent and purposes of applicable Grand Ledge ordinances.
[Amended 11-12-2002 by Ord. No. 484]
H. 
Within 30 days following hearing of any dispute, the Committee shall cause a written statement of its findings to be forwarded to the person filing the Notice of Dispute, with a copy to remain on file at the Grand Ledge City Hall.
I. 
Any person who feels aggrieved by the Committee's determination, and who desires to appeal the findings of the Committee, shall file a Notice of Appeal, in writing, with the Grand Ledge City Clerk within 30 days of the date of the mailing of the Committee's findings. When a timely, written Notice of Appeal has been filed with the office of the Grand Ledge City Clerk, such appeal shall be heard by the Grand Ledge Water Appeals Board in the manner described by § 8-50 of this article. The determination of the Grand Ledge Water Appeals Board with regard to such appeal shall become the final determination by the City with regard to any dispute involving rates, charges and billings for water, sanitary sewer and storm sewer. Failure to properly file a Notice of Appeal within the thirty-day time period allotted shall result in the Committee's findings becoming the final determination by the City in regard to any such dispute.
[Amended 8-25-1997 by Ord. No. 404.97-1]
J. 
Upon a finding by the Committee that the usage classes set forth in Grand Ledge Resolution No. 46 of 1990 or such resolution as may hereafter be adopted are not appropriate to the actual usage of an individual parcel, the Committee may assign a usage class factor appropriate to that individual parcel.

§ 8-50 Grand Ledge Water Appeals Board.

[Added 8-25-1997 by Ord. No. 404.97-1]
A. 
The Grand Ledge Water Appeals Board ("WAB") is hereby established to provide an efficient and orderly means of hearing the appeal of any person who feels aggrieved by the findings and/or determination of the Committee, in accordance with § 8-49I of this article.
B. 
The WAB shall consist of three members, two of whom shall be appointed for a three-year term, and one of whom shall be initially appointed for a two-year term. Thereafter, each member of the WAB shall be appointed to hold office for a full three-year term. All members shall be appointed by the Mayor, with the approval of the City Council. The established membership of the WAB shall consist of its three voting members.
[Amended 6-24-2002 by Ord. No. 480]
(1) 
All of the members of the WAB shall be citizens of the United States and residents of the City of Grand Ledge. In the event of a vacancy, the Mayor, with the approval of the City Council, shall appoint a replacement member for the remainder of the unexpired term. Compensation of members of the WAB, if any, shall be fixed by the City Council.
(2) 
No elected official shall be appointed to the WAB.
(3) 
In addition to the powers of City Council for removal from office, three consecutive unexcused absences shall result in removal from office of any member of the WAB.
(4) 
The Mayor, with the approval of the City Council, shall appoint two alternate members, one for a term of two years, and another for a term of one year, as regular members of the WAB. The alternate members shall be called to sit, on a rotating basis, as regular members of the WAB in the absence of a regular member. An alternate member shall also be called to serve in place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the WAB.
C. 
Initially, the Mayor, with the approval of the City Council, shall appoint one member of the WAB to act as its Chairperson. Thereafter, the WAB shall annually elect its own Chairperson. Three persons shall constitute a quorum for the conduct of business of the WAB.
D. 
The WAB shall meet from time to time, at the call of the Chairperson, upon notification to the Chairperson by the Clerk of the City that a timely, written Notice of Appeal has been filed with the Clerk of the City, in accordance with the provisions of § 8-49I of this article, in order to hear and consider such appeals. All meetings of the WAB shall be open to the public, and appropriate notices of such meetings shall be provided to the public in accordance with the provisions of the Michigan Open Meetings Act (MCLA § 15.261 et seq.). Minutes shall be recorded of all proceedings. Such minutes shall be filed in the office of the City Clerk and shall be made available to the general public. The City Attorney shall act as legal counsel for the WAB, and shall be present at all meetings, upon request.
E. 
The WAB shall fix a reasonable time for the hearing of an appeal and shall give due notice thereof to the person filing a timely, written Notice of Appeal in accordance with the provisions of § 8-49I of this article. Upon the hearing, any party may appear in person, by agent or by attorney. The WAB may reverse or affirm, in whole or in part, or may modify the order, requirement or decision of the Committee, or may determine, as in its opinion, the decision which ought to be made in the premises and to that end shall have all the powers of the Committee from whom the appeal is taken. The WAB shall schedule its hearing within 90 days of the filing of such appeal.
[Amended 4-26-2004 by Ord. No. 493]
F. 
The WAB shall return its written decision on an appeal within seven days after an appeal has been heard, unless further time is agreed upon by the parties concerned. Any decision of the WAB shall become the final determination by the City with regard to any dispute regarding rates, charges and billing of water, sanitary sewer, and storm sewer immediately upon the WAB's issuance of its written determination of such an appeal. All decisions of the WAB shall be made in writing, shall contain a statement of the reasons therefor, and a copy shall be transmitted, via certified mail, to the person requesting the appeal.
G. 
The concurrence of a majority of the members of the WAB shall be necessary to reverse an order, requirement, decision or determination of the Committee, or to decide in favor of the appellant in any matter upon which the WAB is required to pass.
H. 
At intervals of not greater than one year, the WAB shall, by written report to the City Council, list all appeals made to it since its last report, and shall summarize its decision on such appeals. Such report shall be reviewed by the City Administrator and reviewed by the WAB.
I. 
An appeal to the WAB shall stay all proceedings in furtherance of the action appealed from unless the City's Utilities Supervisor certifies to the WAB, after Notice of Appeal shall have been filed, that by reason of facts stated on the face of the certificate, a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the Circuit Court on application, and in accordance with the provisions of law.
J. 
A fee, as established by the City Council, shall be paid to the City Clerk at the time the appellant files a written Notice of Appeal to appear before the WAB. The purpose of such fees are to cover, in part, the necessary advertisements, investigations, hearing records, and other expenses incurred by the WAB in connection with the appeal. No fee shall be charged if the City or any official body of the City is the appellant.[1]
[1]
Editor's Note: Former Art. X, Beautification Commission, adopted 5-14-2001 by Ord. No. 466, and comprised of § 8-51 through § 8-57, which immediately followed, was repealed 3-23-2009 by Ord. No. 521.