An Ordinance amending Chapter 15.48 of the Metropolitan Code pertaining to the adjustment or reimbursement of water and sewer charges.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1.  That Chapter 15.48 of the Metropolitan Code is hereby amended by amending Section 15.48.170 by adding the following new subsection C.:

“C. In the event a consumer or customer has paid an amount greater than the actual water and/or sewer usage due to an incorrect meter, the department shall reimburse the consumer or customer upon request rather than applying a credit to the consumer or customer’s account.” 

Section 2.  That Chapter 15.48 of the Metropolitan Code is hereby amended by amending Section 15.48.870 by deleting subsection A. and substituting in lieu thereof the following new subsection A.:

“A.   Where concealed leaks have been discovered and repaired and an affidavit, on a form approved by the department, stating the leaks were concealed and that the leaks could not have been detected by the consumer or customer by employing reasonable care and supervision of their plumbing and that the leaks were of such a size as to cause the consumption as shown on the bill in question and that the plumbing system is now free from leaks, the consumer or customer shall either (1) be given a credit on the water portion of fifty percent of the excess caused by such leakage above the average monthly bill for the previous year, or (2) if the consumer or customer has already paid a higher bill due to a concealed leak, be reimbursed in an amount equal to fifty percent of the excess caused by such leakage above the average monthly bill for the previous year, provided the conditions of consumption and service used are the same for both periods of consumption, but in no case shall the adjusted bill for single-family residential dwellings be more than twice the average monthly bill.

The consumer or customer shall either (1) be given a credit on the sewer portion of the bill of fifty percent of the excess caused by such leakage above the average monthly bill for the previous year, or (2) if the consumer or customer has already paid a higher bill due to a concealed leak, be reimbursed in an amount equal to fifty percent of the excess caused by such leakage above the average monthly bill for the previous year, provided the conditions of consumption and service used are the same for both periods of consumption if the leaking water returned to the sanitary sewer. The consumer or customer shall be given a full credit on the sewer portion based upon the monthly average for the previous year, the conditions of consumption and service being the same for both periods of consumption if the leaking water did not return to the sanitary sewer. In no case shall the adjusted bill for single-family residential dwellings be more than twice the average monthly bill. Under no circumstances will a leak adjustment be given more than twice during a calendar year unless approved by the director or proper officials of the department.

Customers requesting an adjustment to their bill for excessive water and/or sewerage usage caused by the act of vandalism shall provide in writing all facts known regarding the act. It shall be within the discretion of officials of the department to decide the amount of the adjustment if warranted.”

Section 3.  This Ordinance shall take effect from and after is enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Vivian Wilhoite

Amendment No. 1
To
Ordinance No. BL2007-1435

Mr. President:

I move to amend Ordinance No. BL2007-1435 by amending Section 2 by deleting the phrase “Section 15.48.870” and substituting in lieu thereof the phrase “Section 15.48.180”.

Sponsored by: Jamie Isabel

LEGISLATIVE HISTORY
Introduced:	May 1, 2007
Passed First Reading:	May 1, 2007
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	May 15, 2007
Deferred to June 19, 2007	May 15, 2007
Passed Second Reading:	June 19, 2007
Passed Third Reading:	July 17, 2007
Approved:	July 23, 2007
By: