A. Billings:
1. Monthly Bill: Based upon the prior month's water meter reading, the city shall send to each water user a statement of the amount due for water used the past month, also including any past due balance, which amount shall be due and payable to the city on or before the tenth of the following month and if not then paid, shall be in default. (Ord. 2009-1, 2-17-2009)
2. Delinquencies: Billings in default shall be charged a ten percent (10%) surcharge thereon, plus additional late fees shall be assessed every monthly billing period thereafter using the same calculation and an additional fee shall be assessed if the city has to certify the delinquent fee to the county for collection with real estate taxes. In addition, the city reserves the right to delegate the collection of delinquent accounts to collection agencies under contract with the city, bring civil action, or collect by any other remedy available at law. The city reserves right to deny future utility services at any other address within the city if the utility bill customer has a delinquent or outstanding utility bill at any other previous address within the city. (Ord. 2008-9, 6-3-2008)
3. Shutoff For Nonpayment: In the event any water user shall be in default in the payment of any water bill exceeding sixty (60) days, such water service shall be turned off until such water bill is paid together with a shutoff fee and an additional fee to cover the cost of turning the water back on again. Said fees shall be set from time to time by the city council. The charges are subject to change in the same manner as water rates under section 8-1-6 of this chapter. (Ord. 2009-1, 2-17-2009)
B. Procedure For Shutoff Of Service:
1. Notice: Water shall not be shut off under subsection A3 of this section until notice and an opportunity for a hearing have first been given the occupant of the premises involved. The notice shall be personally served and shall state that if payment is not made before a date stated in the notice, but no less than ten (10) days after the date on which notice is given, the water supply to the premises will be shut off. The notice shall clearly inform the customer of the available opportunities to present to the city objections to the bill and shall identify the telephone number, address, and officer or employee who has the authority to review the facts and files and to correct any errors in the billing.
2. Demand For Hearing: The notice shall also state that the occupant may before such date demand a hearing on the matter, in which case the supply will not be cut off until after the hearing is held. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by the public utilities commission at least one week after the date on which the request is made.
3. Findings: If as a result of the hearing, the public utilities commission finds that the amount claimed to be owing is actually due and unpaid, and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this subsection, the city may shut off the supply. (Ord. 30.7, 6-5-1990; amd. 2002 Code)
C. Collection With Taxes: Nothing in this chapter shall be held or construed as in any way stopping or interfering with the city's right to levy as taxes against any premises affected, any delinquent or past due water charges. Each and every water charge levied by and pursuant to this chapter is hereby made a lien upon the lot, land, or premises served, and all such charges which are past due and delinquent, shall be certified to the city clerk, who shall prepare an assessment roll providing for assessment of the delinquent amount against the respective property served. The assessment roll shall be delivered to the city council for adoption after due notice is given by mail to the affected property owner. Upon such adoption, the clerk shall certify the assessment roll to the county auditor for collection along with taxes as authorized under Minnesota statutes section 444.075 after the city council holds a public hearing regarding the proposed assessment. To appeal this assessment, the property owner must present a written objection to the assessment at said public hearing and then file a district court action in Crow Wing County within thirty (30) days of said public hearing. (Ord. 2008-9, 6-3-2008)