A. 
Any person formally disputing a water bill or otherwise aggrieved by a decision, notice, or order of the Borough, under this chapter, shall have the right to appeal to the Borough of East Stroudsburg Utility Dispute Resolution Committee ("UDRC"). The right of appeal includes:
(1) 
A disputed water bill;
(2) 
An assessment or reassessment of EBUs on a premises;
(3) 
An assessment or reassessment of EDUs on a premises;
(4) 
An assessment of penalties under this chapter;
(5) 
A determination under Article II of this chapter.
B. 
Any person who receives a 10-day notice of the intent of the Borough to shut off water service shall have the right to appeal to the Borough of East Stroudsburg Utility Dispute Resolution Committee (UDRC).
C. 
A notice of violation of the Code, other than in this chapter, shall be appealed to the appropriate board designated to handle appeals for the specificity of Code violations.
D. 
An application for appeal may be submitted in such circumstances as when the claimant asserts that the provisions of this chapter have been improperly applied, administered, or factual errors were made in the determination of the Borough.
E. 
A written application for appeal is required to be filed within 30 days after the day the decision, report, notice, or order was served or the day the water bill was issued, with the exception of a notice of shut off or discontinuance of water service, for which an application for appeal is required to be filed within 10 days after the date of issuance or posting of the original shut off notice.
F. 
A fee as provided for by resolution of Borough Council shall be paid in advance by the person requesting the hearing for each appeal to the UDRC. If the appeal is found in favor of the applicant, then such fee shall be returned.
G. 
Failure to file a timely appeal shall deem the action valid including any determination which appearing in a decision, report, notice, or order of the Borough for the purposes of future actions under this chapter.
H. 
The UDRC is hereby established and shall consist of three members who are appointed by majority vote of Borough Council. No more than two members shall be members of Borough Council. One member shall be the Borough Manager of the Borough of East Stroudsburg. The members shall be appointed by Borough Council and shall serve staggered three-year terms. The Borough Engineer and/or Solicitor may attend meetings of the UDRC as requested by the voting members.
(1) 
A minimum of two votes shall be needed in any action by the UDRC. A one-to-one vote shall be considered to have been an affirmation of the determination of the Borough.
(2) 
Two alternate members of the UDRC may also be appointed by majority vote of Borough Council, and requested by the Chairperson of the UDRC serve when regular members are unable to serve.
I. 
Decisions of the UDRC may be appealed to the Court of Common Pleas, provided an appeal is filed in writing to the Court under the Local Agency Law[1] within 30 days after a party's receipt of the decision of the UDRC.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
J. 
The UDRC shall have the authority to elect its own officers and to establish and revise bylaws for its own procedures, actions and meetings.
K. 
Decisions of the UDRC shall be made at a public hearing to be held in accordance with the Local Agency Law.
L. 
Decisions of the UDRC shall be provided in writing by the Borough Manager and to the last known address of the appellant (unless otherwise directed in writing) within 10 days after the conclusion of a hearing on a matter.
M. 
No compensation shall be provided for the members of the UDRC.
N. 
A stenographic record is not required for meetings of the UDRC. However, a person filing an appeal to the UDRC may request the use of a stenographer at a hearing if such request is made in writing at the time of the filing of the appeal and if the appellant commits to pay 50% of all resulting costs and if such appellant pays a deposit in an amount estimated by the Borough Manager to cover such costs. Minutes shall be maintained, and in lieu of a stenographer a digital recording of hearings will occur.
O. 
Legal counsel. Borough Council may appoint legal counsel to serve the UDRC and may establish a legal budget for such services. All costs incurred by the Borough shall be paid out of the Water or Sewer Budgets as appropriate. An appellant may, but is not required, to have legal counsel during the appeal procedure.
P. 
Engineer. Borough Council may appoint the Borough Engineer to serve the UDRC and may establish an engineering budget for such services. All costs incurred by the Borough shall be paid out of the Water or Sewer Budgets as appropriate.
Q. 
Other boards. The East Stroudsburg Zoning Hearing Board shall continue to decide upon appeals concerning the Zoning Ordinance. The East Stroudsburg Building Code Board of Appeals or the Borough's designee shall continue to decide upon appeals as provided under the Uniform Construction Codes.