(A) Grounds for termination or suspension. Any municipal utility may be terminated, discontinued or suspended whenever:
(1) The owner or occupant of the premises served, or any person working on any connection with a municipal utility, has violated any requirement of the city code;
(2) Any charge for a municipal utility service, or any other financial obligation imposed on the present or any former owner or occupant if the premises service, is delinquent or unpaid;
(3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery of charges; or
(4) A customer has permitted a person to subconnect another building or property to the consumer’s utility service.
(B) Procedure for delinquent accounts.
(1) Utility bills shall be delinquent if not paid on or before the due date set forth on the bill; provided that, in the event the due date is a Saturday, Sunday or legal holiday, charges shall not be delinquent until after the following business day. A penalty shall be applied to the past due amount as set by the City Council.
(2) Where satisfactory arrangements for payment of a delinquent account have not been made, the city may, after the procedural requirements of this public works title have been complied with, discontinue service to a delinquent customer by shutting off the water to the property.
(3) When water service to a property has been discontinued, service shall not be restored, except upon the payment of all delinquent charges including a disconnect and reconnect fee as set in with the current fee schedule set by the City Council or once a certification to the tax role is made.
(C) Non-sufficient funds. In the event a non-sufficient fund (NSF) check is received, a letter will be mailed to the property owner notifying him or her of the NSF check. The property owner has five days from the date of the letter to submit full payment by means of cash, money order or certified check. If full payment is not received in five days, water service shall be discontinued subject to the disconnection procedure.
(1) The property owner shall be subject to an NSF fee as provided in accordance with the current fee schedule set by the City Council.
(2) Once the account is current, the property owner shall be allowed to submit future payments by means of a personal check. If the property owner submits a second NSF check to the city within six months of the previous NSF check, the city shall not accept a personal check for a period of six months. After six months of payments by cash, money order or certified check, and the account remains in good standing, the city shall accept personal checks from the property owner.
(D) Shut off for non-payment.
(1) Once an account is 60 days past due, the property owner is subject to a water service shut off for non-payment.
(2) Water shall not be shut off until a notice has been provided to the occupant and property owner.
(3) A notice shall be mailed by first class mail and shall state that if payment is not made within ten days of the mailing date of the shut off notice, the water service to the property shall be shut off for non-payment.
(4) When water service to a property has been disconnected, service shall not be restored, except upon the payment of all delinquent charges including a disconnection and reconnection fee as set in with the current fee schedule set by the city.
(E) Disconnection for late payment.
(1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill; and
(b) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
(2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.
(F) For each certification sustained/postponed. The property owner hall have the following options after the hearing:
(1) To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within ten days of the hearing date;
(2) To pay the certified delinquent amount after the hearing date, but before the county’s certification deadline, with interest as approved by the City Council; and
(3) To pay the certified charges as billed to the property owner by the county on his or her property tax statement with a collection term of one year.
(G) Cold weather rule, residential customers.
(1) The cold weather rule, followed as per M.S. § 216B.097, as it may be amended from time to time, is in effect October 15 to April 15 of each year for residents who use water as their main heating source.
(2) The city shall not disconnect water service for a residential customer if discontinuation affects the primary heat source for the residential unit if the customer meets all requirements of state statute.
(2001 Code, § 3.04)