Section 19-11-10 Appeal of Assessment of Surcharge
A. The assessment of a surcharge may be informally appealed, in writing, within fourteen (14) calendar days of the notice of the surcharge assessment.
B. The written appeal shall be received by the Town of Clarkdale Water Utility Department within said fourteen (14) calendar day time limit, or the right to such appeal shall be permanently waived.
C. The written appeal shall be reviewed by a Water Utility Appeals Committee, which shall be comprised of the following members:
1. Two (2) members of the general public, each of which must be at least twenty-one (21) years of age at the time of appointment, and who must be users of the Clarkdale Municipal Water Utility.
2. The Town of Clarkdale Finance Director.
D. The two (2) members of the general public shall be appointed by the Town Manager, and shall serve at the pleasure of the Town Manager for a period not to exceed three (3) years. They may be removed and replaced – at any time – as the Town Manager determines appropriate.
E. The Water Utility Appeals Committee shall determine whether the appeal has merit, taking into account all the available facts and circumstances. In assessing the merits of any appeal, the Water Utility Appeals Committee shall have full authority to review all documentation of the account of record under appeal.
F. The Water Utility Appeals Committee shall have the authority to hear testimony on behalf of the appellant and the Water Utility.
G. The Arizona Rules of Evidence do not apply in the appeal process.
H. The Water Utility Appeals Committee shall render a written decision to the appellant within ten (10) calendar days after receipt of the appeal.
I. Decisions of the Water Utility Appeals Committee are final.
J. All surcharge-related correspondence shall be addressed to:
Town of Clarkdale Water Utility Department
PO Box 308
890 Main Street
Clarkdale, AZ 86324 [Ordinance #383, 2017; Resolution #1538, 2017; prior code § 19-11-10.]