195 to La Gaceta No. 210 of November 13, 2018, are reformed:
- a)Article 12 is amended to read as follows:
"Article 12.-Availability for multiple services. When the availability of potable water is requested for a property requiring more than 6 services, the request must be submitted for the knowledge and approval of the Municipal Mayor's Office." b) The third-to-last paragraph of Article 25 is amended to read as follows:
"When the suspension and disconnection is due to non-payment, the Municipality's Collection Management Unit shall be empowered to issue the order, in accordance with its internal procedures." c) Article 27 is amended to read as follows:
"Article 27.-Reconnection of the potable water service. The potable water service shall be restored when the Municipality verifies that the causes that gave rise to the suspension and disconnection of the service have ceased.
When the suspension and disconnection of the potable water service were due to non-payment, the Municipality shall restore it no later than the following business day after the cancellation of the amount owed or the execution, as applicable, of a payment arrangement, and after the cancellation of the disconnection and reconnection costs." d) Article 40 is amended to read as follows:
"Article 40.-Claim for inconsistent consumption. In the event that the subscriber files a claim alleging inconsistent consumption, the Public Services Management Unit shall proceed to perform a test with the water meter (hidrómetro) verifier. If it is verified that the inconsistencies in the readings were the result of a malfunction of the water meter, the meter shall be replaced and, for the month reported with the inconsistency, an average of the previous 6 months shall be applied. If it is established that the water meter is in good condition, the water meter and the original charge shall be maintained.
Should the test with the water meter verifier not be available, the Municipality must replace the existing water meter with a test meter for the time it takes the Municipality to certify the proper functioning of the meter using a test bench, whether its own or contracted. Neither the test meter nor the consumption it reports shall be recorded in the system; instead, during that period, the subscriber shall be charged the average consumption of the previous 6 months. If it is verified that the inconsistencies in the readings were the result of a malfunction of the removed water meter, the new water meter shall be recorded. If it is established that the removed water meter was in good condition, it shall be reinstalled and the original charge shall be maintained; meanwhile, during the test period, the charge shall be based on the consumption recorded by the water meter installed for that purpose. Any difference in the amounts to be charged resulting from the use of the procedure described in this paragraph shall be billed in the month following that in which the situation is normalized.
To carry out the water meter review for high consumption, the cost for this item shall be charged according to the current rate. If, in the review of the water meter for high consumption, it is determined that there is an error attributable to the Municipality (reading error, leak in the meter affecting it, or another justified cause attributable to the Municipality), the subscriber shall not pay said cost.
The Municipality shall apply an adjustment of up to two bills every twelve billings for inconsistent consumption, in the order of one and a half times (1.5) the average of the normal consumption of the last four months, when it is verified that the increase in consumption was not due to non-visible leaks, provided that it is not due to causes attributable to the subscriber. To verify the foregoing, the interested party shall authorize the Municipality to carry out the pertinent domiciliary reviews for the purpose of resolving the case.
Transitional. Within a period of one month from the effective date of this reform, interested parties, even if their previously filed claims have been rejected, shall have the right to a review of their cases in accordance with the preceding paragraph, provided they have not paid the corresponding amount.
- e)Article 41 is amended to read as follows:
"Article 41.-Of leaks. When, for any reason, the existence of non-visible leaks is determined within the property, after inspection by municipal officials, the fee for which must be paid in advance by the subscriber, charges shall be made according to the average of the normal consumption of the most representative last four months multiplied by one and a half (1.5). This approximate consumption shall only be applied to the bill that is the subject of the claim and, at most, to the two following bills, the subscriber having the obligation to repair the leak during this period.
Regarding the inspection, the Municipality is subject to the relative accuracy of the detection devices it uses in terms of the exact location of the leak, without assuming any responsibility for possible failures in such location, nor for the specifications and costs that the breakdown may require of the subscriber.
It shall take effect upon its publication.