(A) The city may discontinue gas service to a consumer as follows.
(1) In any case where charges for natural gas service have not been paid within 30 days after the date due, and where satisfactory arrangements have not been made, natural gas services to the premises may be discontinued in accordance with the provisions of this division (A)(1) and of division (A)(2) below. When service has been discontinued, service shall not be restored until all delinquent charges, including reconnection charges, are paid, or arrangements satisfactory to the Clerk/Treasurer are made for their payment.
(2) The procedure set forth in this section shall apply to discontinuance of service for non-payment of amounts owed. This shall also be subject to such additional requirements, if any, as are provided by law or by regulation.
(3) The Clerk/Treasurer shall cause written notice of intention to discontinue service for non-payments of amounts owed to be served upon the consumer. Mailed notice shall also be given to the owner, if the owner is not the consumer served. The notice shall state that if payment is not received on or before a date stated in the notice, the natural gas service will be discontinued. The date shall be not less than three days after the date upon which the notice is given. The notice shall also state that the person may, before that date, file with the Clerk/Treasurer a demand for hearing on the matter, in which case, service shall not be discontinued, pending decision on the issue at the hearing. If a timely demand is made for a hearing, a hearing at which the applicant for hearing shall be heard shall be held by the City Council not sooner than three days after the date upon which the request is received by the Clerk/Treasurer. If, as a result of the hearing, the City Council finds that there is an unpaid charge and that there is no legal reason why service shall not be discontinued, the City Council may order that service be immediately discontinued.
(4) Pursuant to M.S. § 216B.097, as it may be amended from time to time, no service of a residential consumer shall be discontinued if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the consumer has declared inability to pay on forms provided by the city, the household income of the consumer is less than 185% of the federal poverty level as documented by the consumer to the city, and the consumer’s account is current to billing period immediately prior to October 15 or the consumer has entered into a payment schedule and is reasonably current with payments under the schedule. The Clerk/Treasurer shall, between August 15 and October 15 of each year, notify all residential consumers of these provisions.
(B) The procedure for discontinuance of gas service by a consumer is as follows.
(1) Volume charges, as set forth in the appendix to the ordinance from which this chapter is derived, may be discontinued by a consumer upon sale or conveyance of property to a new owner (contract for deed arrangements will not be recognized as a property transfer unless recorded with the County Recorder). The new property owner will remain responsible for the base rate.
(2) Gas service may be discontinued upon removal of a structure from a property.
(3) Discontinuance of gas service by a consumer in any other case shall not terminate a property owner’s responsibility for base rate charges as established in the appendix to the ordinance from which this chapter is derived.
(4) Discontinuance of gas service for any other reason shall be made in accordance with requirements set forth in other parts of this code pertaining to discontinuance of service for those reasons.
(Ord. passed 12-13-2016)