Item Coversheet

Agenda Item - 5.b.


City of Garden Grove


INTER-DEPARTMENT MEMORANDUM

To:Scott C. Stiles

From:Omar Sandoval
Dept.:City Manager 

Dept.: City Attorney 
Subject:

Introduction and first reading of an Ordinance designating the Administrative Board of Appeals as a hearing body for billing disputes

Date:9/8/2020

OBJECTIVE

For the City Council to consider the introduction of an ordinance designating the Administrative Board of Appeals as the appeals body to decide water billing disputes with the City.
BACKGROUND

Section 14.12.070 of the Garden Grove Municipal Code establishes the procedure that City water customers can follow to dispute charges in the City's water billing.  The Public Works Director or designee has the authority to investigate and adjust the charges only if the Director finds that the City made a mistake in the billing.  The decision of the Director can then be appealed to the City Council.
DISCUSSION

Per state law and Section 2.54.020 of the Municipal Code, the Administrative Board of Appeals consists of "members who are qualified by experience and training to pass upon matters pertaining to building construction, or fire protection, or standard waterworks practices."  The proposed ordinance designates the Administrative Board of Appeals as the hearing body to make the final determination and resolution of water billing disputes.  Thus, the members of the Administrative Board of Appeals are qualified to consider and decide on water billing disputes that in many cases involve questions pertaining to the proper functioning of water meters, and pipe and fixture leaks. The Administrative Board of Appeals can further provide a more streamlined hearing process given their limited duties to hear Building and Safety appeals, and if the proposed ordinance is adopted, water billing disputes.

 

Under the current review procedures, the decision of the Director must be appealed within 10 days.  The ordinance increases the appeals period to 15 days.  Section 2.54.100 of the Municipal Code provides that appeals to the Administrative Board of Appeals must be made within 15 days of a city officer's decision.  Thus, increasing the water billing dispute appeal from 10 to 15 days will make it consistent with other appeals being heard by the Administrative Board of Appeals.

 

Finally, final decisions of the City Council, City commissions, and boards are subject to judicial review by the superior court under state law.  The ordinance specifies that Administrative Board of Appeals decisions are subject to judicial review by the superior court within 90 days after notice of the Administrative Board of Appeals decision.

FINANCIAL IMPACT

None.
RECOMMENDATION

It is recommended that the City Council:

 

  • Introduce the Ordinance designating the Administrative Board of Appeals as a hearing body for billing disputes and pass it to second reading.



ATTACHMENTS:
DescriptionUpload DateTypeFile Name
Ordinance9/2/2020OrdinanceOrdinance_Designating_Administrative_Board_of_Appeals_as_hearing_body_for_billing_disputes.docx