(A) Penalties. A late payment penalty of 5%, with a minimum of $5, shall be assessed on all accounts with a past due balance.
(B) Shut-off for nonpayment. Water/sewer shall be shut-off after a notice of intent to shut-off has been mailed by first class mail and an opportunity for a hearing before the City Council or an employee designated by the City Council have provided to the occupant and owner of the premises involved.
(1) If any bill is not paid by the due date listed on the bill, a second notice stating the balance due will be mailed by first class mail and shall state that if payment is not made within ten days of the mailing of the second bill, water/sewer service to the premises will be shut off for nonpayment.
(2) The second notice (shut-off notice) must contain the title, address, and telephone number of the official in charge of billing; the title, address and phone number shall be clearly visible and easily readable.
(3) The notice shall also state that the any occupant or owner has the right to a hearing before the water/sewer service is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer's service and shall have the authority to adjust the customer's bill or enter into a mutually agreeable payment plan.
(4) If an occupant or owner requests a hearing, the water/sewer shall not be shut off until the hearing process is complete.
(5) If a customer fails to pay and fails to request a hearing under this part, service will be shut off at the time specified in the notice but not until the charges have reached $200.
(6) If the customer's water/sewer is shut off by the city and is turned back on by anyone other than a city employee without paying the utility bill in full, they will be fined $500 per occurrence. This fine if not paid will be certified for collection with taxes. This matter can also be referred to the city's prosecuting authority for criminal charges for tampering with a municipal sanitary sewer system.
(C) Certification for collection with taxes.
(1) Unpaid charges on sewer accounts shall not be certified to the County Auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the County Auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility charges.
(2) In addition to any penalties provided for in this subchapter if any person, firm, or corporation fails to comply with any provision or this subchapter, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to procure payment.
(3) The city will have a maximum of 12 certification cycles per year. Certifications will be scheduled and heard at the Council meeting which occurs on the third Monday of each month. All city utility accounts, unless payment arrangements have been made with the city or exempt for other legal reason, which are delinquent and remain unpaid as of the certification cut-off date shall have the balance on the account included in the preliminary certification list.
(D) Optional payment before certification. The owner of the property shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed. After the date the notice of certification hearing is mailed, payments will still be accepted but will include unpaid penalties.
(E) Hearing required. A hearing shall be held on the matter by the City Council. Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this subchapter, the city may certify the unpaid charges to the County Auditor for collection as other taxes are collected.
(1) Hearing options. For each certification sustained, the property owner shall have the following options after the hearing:
(a) To pay the delinquent amount listed on the preliminary roll prior to the certification being delivered to the county for inclusion on the tax rolls; and
(b) To pay the certified charges as billed to them by Isanti County on their property tax statement with a collection term of one year.
(2) Delivery to county. Prior to December 1 of each year the certified roll, minus any payments, shall be delivered to Isanti County.
(Ord. 297, passed 3-1-2022)