RULE NUMBER 10
DISPUTED BILLS
WATER BILL DISPUTE
A customer who believes that the utility bill is in error must first contact the Utility Services Division (USD) in writing to the City of Fullerton, C/O Utility Service Division, 303 W Commonwealth Ave, Fullerton, California 92832 or by email at [email protected] before the due date on the bill stating the nature of their dispute. The USD shall respond to the customer within ten (10) business days from the date the dispute is received with a determination. Once a determination has been provided by the USD, the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the USD’s determination if the due date has already passed.
DISPUTED WATER BILL APPEAL
If the customer is not satisfied with the determination issued by the USD, the customer may formally appeal the disputed bill in question to the Director of Administrative Services and/or Director of Public Works by submitting a written statement (email or letter) setting forth the reasons why the customer believes the bill is incorrect. The customer must submit the appeal within seven (7) days of the initial dispute determination issued by the USD. The appeal should be mailed to the City of Fullerton, c/o Utility Services Division, 303 W Commonwealth Ave, Fullerton, California 92832 or emailed to [email protected]. However, to have the disputed bill considered, the customer must submit a good faith deposit equal to the customer’s most recent paid utility bill to the USD (payable to the City of Fullerton). If it is the customer’s first bill, the customer would pay an amount in accordance with the city-wide average for the customer’s classification as defined in Rule 1 under Class of Water Service. Should the customer be disputing the late charge and no other component of the bill, the remaining charges less the late fee are due immediately. Upon timely receipt of the written statement and payment, a Director or designee will review the basis of the dispute and provide a written reply (email or letter) of the results of the review and determination to the customer. Once a determination has been issued, the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the Director’s determination if the due date has already passed. If the determination is sent via email, it is deemed received as of the email timestamp and the customer has 7 days from the date of the email to submit payment. If the Director’s determination is sent via U.S. mail, it is deemed received on the fifth day after it was placed in the U.S. mail, and the customer has seven days from that date to submit payment. In the event the good faith deposit exceeds the payment due, the customer’s account will be credited with the amount in excess of the payment due.
A customer who timely disputes the accuracy of the water consumption portion of a utility bill will not have the water service discontinued for nonpayment and will not be responsible for any late fees that may occur during the review/appeal period. If before completion of the review/appeal period an additional bill becomes due the customer must send payment (payable to the City of Fullerton) for the entire amount of the additional bill. Failure to do so will constitute acceptance by the customer of the bill(s) as rendered, including the disputed bill, and the USD may authorize discontinuance of service in accordance with Rule No. 11.
Failure of the customer to file a written appeal with the Director and provide a good faith deposit to the USD within the required seven (7) day period will constitute customer’s acceptance of the initial bill determination rendered by the USD, and the USD may authorize discontinuance of service in accordance with Rule No. 11.
If the customer believes the Director’s decision is in error, the customer may submit an appeal to the Infrastructure and Natural Resources Advisory Committee or the subcommittee thereof with jurisdiction over the matter (hereinafter, “INRAC”). Within ten (10) days of the Director’s dispute determination, the customer must submit a written statement setting forth the reasons why the customer believes the bill is incorrect. The appeal must be sent to the City of Fullerton, c/o Utility Services Division Attn: INRAC, 303 W Commonwealth Ave, Fullerton, California 92832 or emailed to [email protected].
Upon receipt of the customer’s appeal, the INRAC will schedule review of the appeal in a timely manner. The INRAC shall determine whether the customer was charged in error, and to what extent. When making this determination, the INRAC shall not take into consideration the customer’s ability to pay, or any other equitable considerations not having to do with the customer’s stated reason for why the bill is incorrect. If, for example, the water was registered through the customer’s meter, and the meter did not over register consumption, then there would be no basis for the INRAC to overturn the Director’s decision.
If the INRAC has made the aforementioned decision, the INRAC may reduce the customer’s bill (by waiving penalties, or reducing the overall fees charged) based upon equitable options available to them, provided that: such bill reduction amount is funded solely from sources not subject to Proposition 218 limitations (e.g., penalty payments collected from late charges from water customers); and within the given fiscal year, the INRAC will not have authorized waiving penalties and/or reduction of fees which collectively exceed $10,000, or such amount as Council may authorize by Resolution.
If before completion of the INRAC’s review, one or more additional bill(s) become due, the customer must submit payment (payable to the City of Fullerton) for the entire amount of the additional bill(s). Failure to do so will constitute acceptance by the customer of the bill(s) as rendered, including the disputed bill, and the USD may authorize discontinuance of service in accordance with Rule No. 11.
A written statement of the INRAC’s determination shall be delivered to the customer by e-mail or certified mail within ten (10) business days following the appeal hearing. The INRAC’s decision shall be final. The customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill, or within seven (7) days of receipt of notice of the INRAC’s determination if the due date has already passed. In the event the good faith deposit exceeds the payment due, the customer’s account will be credited with the amount in excess of the payment due.
Effective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
Effective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92632 Water System Management Division RULE NUMBER 10 – Continued
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92832 Water System Management Division