HomeMy Public PortalAbout100_040_Agenda Request - Michael Elliott Refund RequestCity Council Agenda Item Request
Council Meeting Date for Request: July 9, 2015
Item: Consideration of a Water, Sewer, Garbage and Recycling Charges due to change in definition in city
code as it relates to kitchens to Michael Elliott, 1210 5th Avenue for $444.61 for water and sewer charges and $378.79 for garbage/recycling from 7.1.13 to 6.1.15 for a total of $823.40.
In
late 2011, water and sewer staff reported that Mr. Elliott was renting out the lower level of his home at 1210 5th Avenue. The city marshal confirmed that there was a second kitchen
in the lower level which triggered the additional unit costs to the property per the code at the time. The space had a sink and refrigerator and qualified as a kitchen per city code.
On 12.21.11, finance staff notified Mr. Elliott via email that the bill would increase to two units. Additional garbage and recycling carts were delivered to the property by WastePro
on 1.21.12.
Mr. Elliott met with the city manager recently to discuss the two units on his bill are requested a refund. Mr. Elliott claims the refrigerator was removed years ago, and
he does not remember receiving the extra garbage or recycling carts. The city was not notified of the removed of the refrigerator. Mr. Elliott did not content the extra living unit when
he received the notice on 12.21.11 and only contested the charge at a meeting in May of 2015. Mr. Elliott stated that he did not understanding that he was being charge 2 units until
recently when the city did a tutorial on the back of the bill. Due to the change code definition below on May of 2013 the absence of a stove, the city council could consider a refund
of the extra unit charges back when the code changed. This would be total refund of $823.40 from June 2013 (city billed two months behind at that time) to June 2015.
Kitchen means an
area used for preparation of food, which contains:
A sink,
A refrigerator,
A stove or range top, and
An oven or utility connections suitable for servicing a range or oven.
If all of
the above components are present, the area shall be considered a kitchen.
Submitted by: Diane D. Schleicher