(A) Authority. The City Clerk shall have the authorization to file utility liens for unpaid utility charges in accordance with the provisions of this section, and in compliance with all statutes of the state relating to utility liens and collections.
(B) Procedure. Upon order of the City Council:
(1) The City Clerk shall prepare a notice of utility lien which shall state: the legal description and property address of the premises served by the utility service; the name of the person or firm to whom such utility services are supplied; the record owner of the property to which the utility services were provided; the amount of unpaid utility charges, including penalties, for each type of utility service; and the period during which such charges were incurred;
(2) The City Clerk shall cause the notice of utility lien to be filed for record with the office of the County Recorder;
(3) The City Clerk shall cause a copy of the notice of utility lien to be certified to the County Auditor on or before November 30 of each year for each parcel of property upon which there remain unpaid utility charges; and
(4) The City Clerk shall cause a copy of the notice of utility lien to be mailed by certified mail, return receipt requested, to the person or firm to whom such utility services are supplied and to the record owner of the property to which the utility services were provided if the owner is not the same as the person or firm to whom such utility services are supplied.
(C) Collection of unpaid charges. A lien for utility charges imposed pursuant to this section shall be payable in a single installment, or by up to ten equal annual installments as the City Council may describe, and shall accrue interest from and after the date of filing of such notice of utility lien with the County Recorder as such rate as is set from time to time by the City Council. With these exceptions, the provisions of M.S. §§ 429.061, 429.071 and 429.081, as they may be amended from time to time, for the imposition and collection of special assessments for local improvements shall apply to the collection of liens for utility charges.
(D) Emergency authority. In the event that the City Clerk becomes aware of a pending sale of property or other circumstances which make prior approval impracticable, the City Clerk may proceed to file a lien for delinquent utilities without prior approval of the City Council, but shall then notify the City Council at its next regular meeting that such a lien has been filed.
(E) Assessment searches. When a request is received by the City Clerk for an assessment search on a property, the information provided by the City Clerk shall include both any existing utility lien(s) and any anticipated utility lien(s), so that the prospective buyer or mortgagee is notified of the pending lien(s) prior to transfer of title to the property.
(Ord. 94, passed 2-9-2004)