§ 27-51. Adjustment of charges.

(a)

A parish utility consumer is entitled to have the water and sewer charges adjusted no more than once in a twelve-month period as outlined in the following:

(1)

Increase due to leak or act of vandal. A parish utility consumer's water and sewerage charges can be adjusted if the increase in charges is directly identified to a leak in the consumer's water system or damage caused by an act of a vandal which caused a waste of water, an increase in water consumption.

(2)

Historical average consumption.

a.

For adjustment affecting the sewerage system, the adjustment of the parish utility, consumer's water and sewerage charges be recalculated using the historical average consumption of the consumer's account plus one-half (½) of the excessive consumption. For example, the average consumption is subtracted from the consumption of the bill that is to be adjusted. The difference between the average consumption and the consumption that is being questioned will be referred to as unadjusted consumption. The unadjusted consumption is divided into two (2) equal amounts. The parish departments of water and sewerage will add one (1) part to the average consumption and refer to this figure as the adjusted consumption. The charges for sewerage and water are then recalculated using the adjusted consumption. The difference between the charges for sewage and water on the original bill and the charges generated using the adjusted consumption is to be the dollar value of the adjustment to the consumer;

b.

For adjustment not affecting the sewer system, the adjustment of the parish utility consumer's sewerage charge shall be recalculated by using the historical average consumption of the consumer's account only. The difference between the charges for sewerage on the original bill and the charges generated using the historical average consumption is to be the dollar value of the adjustment to the consumer. The adjustment for water will remain as established in subsection (a).

(3)

Repairs required. The parish departments of water and sewerage may require, prior to adjusting a consumer's bill, that the necessary repairs to their system be made. The parish departments of water and sewerage should be satisfied that a leak did exist and has been repaired. This may be accomplished by inspection which would verify a leak existed and the repairs made or a signed affidavit be executed by the consumer to this effect and/or a copy of a plumber's invoice that the leak was repaired.

(b)

Increase due to a catastrophic event. A parish utility consumer's water and sewerage charges can be adjusted if the increase in the charge is directly identified to be damage caused by a catastrophic event.

A catastrophic event occurs when the Jefferson Parish President declares a state of emergency pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act as defined in R.S. 29:721 et seq.

After a state of emergency is declared, the director of water must request from the Jefferson Parish Council, the authority to adjust utility bills on a case by case basis if the adjustment is directly identified to be damages caused by the catastrophic event. The director of water may restructure, reduce or waive the consumer's water consumption and sewer user fees on a case by case basis, up to and including the complete waiver of fees for a given period following a catastrophic event, if such waiver is warranted by the facts of the case as presented to the director. Persons wishing to contest any such decision of the director of water may appeal the director's decision directly to the Jefferson Parish Council. In such cases, the decision of the council regarding the adjustment of the utility bill shall be final.

(Code 1961, § 17-45.15.1(e)—(h); Ord. No. 15322, § 1(g)—(i), 10-20-82; Ord. No. 17271, §§ 2—5, 6-10-87; Ord. No. 18421, § 2, 12-4-91; Ord. No. 18457, § 2, 2-5-92; Ord. No. 22749, § 1, 5-3-06)