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Article XII. Hearing and Administrative Procedures

A customer may appeal a decision, enforcement of a policy or procedure, rate, fee, charge, or penalty by submitting a written appeal to the general manager of CVWD. However, the appeal rights set forth in this section shall not apply to termination of service for nonpayment of a sanitation service bill. An appeal must be made in writing and submitted to the general manager within five business days after presentation of the notice of service discontinuance, or within 30 days of the effective date of any other enforcement action or decision. Any such appeal shall include the specific decision, policy, procedure, rate, charge, or penalty being challenged, a detailed description regarding the nature of the challenge, evidence supporting the challenge, and the remedy requested.

The hearing on the customer’s appeal will be conducted by CVWD’s general manager, or his or her designated representative. The hearing shall be held as soon as reasonably possible. If notice of service discontinuance has been provided to the customer, reasonable efforts should be made to hold the hearing within five business days of receipt of the written appeal and the customer shall be promptly notified of the date, time and place of the hearing. At the hearing, the customer shall be given a reasonable opportunity to present information in support of the customer’s appeal. CVWD staff will be given the opportunity to reply.

Absent extenuating circumstances, written notice of the decision by the general manager, or his or her designated representative, should be given to the customer within five business days of the close of the hearing. The decision by the general manager, or his or her designated representative, will be final.

A failure to file a timely appeal in accordance with this section shall be deemed a waiver of the right to appeal and will be considered a failure to exhaust administrative remedies which may impact any attempt by the customer for any judicial review. (Ord. 1427.1, 2017)

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