(A) When any customer of the municipal utilities becomes in arrears with respect to the payment of any municipal utility bill due the city under any provision of this chapter, the city through its City Clerk, may discontinue furnishing municipal utility services to the customer of the municipal utilities.
(B) No municipal utilities may be discontinued until a delinquent utility notice and an opportunity for a hearing has first been given to the customer.
(C) The delinquent utility notice shall be sent by regular mail to the customer whose name the utilities are in and shall state that if payment is not made on or before the date stated in the notice, the utilities supply to the premises will be discontinued.
(D) Between April 16 and October 14 (warm weather months), the delinquent utility notice will include the following information.
(1) The customer may, before the disconnection date, request a hearing on the issue of the amount of utility charges billed and the amount paid on the bill, in which case the utilities will not be discontinued until after the hearing is held. If as a result of the hearing, the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the municipal utilities service of the delinquent customer may not be discontinued in accordance with this section, the city may discontinue utility service. A hearing will be arranged through the City Clerk. The City Clerk will notify the City Administrator that a utility committee meeting needs to be held to review the claim. The Utility Committee will make a final determination on the claim, based on information submitted by the customer and the City Clerk’s office.
(2) The delinquent utility notice will also include telephone numbers of the Minnesota Valley Action Council Energy Assistance Program and Le Sueur County Human Services and it shall allow 20 days from the date of the notice until disconnection takes place. Disconnection shall not take place on Friday or the day before a holiday.
(3) In the event any municipal utilities service is discontinued in accordance with the above provisions, the service shall not be restored by the city until the delinquent obligation, together with a reconnection charge has been made. The reconnection charge shall be established from time to time by resolution of the City Council.
(4) During this period, total disconnection will take place if arrangements are not made for repayment with the City Clerk.
(E) Between October 15 and April 15 (cold weather months), the delinquent utility notice will include the following information.
(1) The customer may, before the discontinuation date, request a hearing on the issue of utility charges billed and the amount paid on the bill, in which case the utilities will not be discontinued until after the hearing is held. If as a result of the hearing, the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the municipal utilities service of the delinquent customer may not be discontinued in accordance with this section, the city may discontinue utility service. A hearing will be arranged through the City Clerk. The City Clerk will notify the City Administrator that a utility committee meeting needs to be held to review the claim. The utility committee will make a final determination on the claim, based on information submitted by the customer and the City Clerk’s office.
(2) The delinquent utility notice will also include telephone numbers of the Minnesota Valley Action Council Energy Assistance Program and County Human Services and it shall allow 20 days from the date of the notice until discontinuation takes place. Disconnection shall not take place on Friday or the day before a holiday.
(3) In the event any municipal utilities service is discontinued in accordance with the above provisions, the service shall not be restored by the city until the delinquent obligation, together with a reconnection charge has been paid. The reconnection charge shall be established from time to time by resolution of the City Council.
(F) The notice will also include the customer’s rights and responsibilities and an inability to pay declaration form.
(G) During the “cold weather months,” the municipal utilities may install a service limiter on delinquent utility customer’s meters, instead of total disconnection. The service limiter will limit the amount of electricity available to the utility customer. The limiter will only allow enough electricity (ten amps) to operate the primary heat source. No other electricity will be able to be used. If a customer tries to use other electricity, the limiter shuts off the electricity and the customer will have to reset the limiter.
(H) In order for a customer to be protected by the “cold weather rule,” they must meet the following requirements:
(1) Utility disconnection would affect the customer’s primary heat source;
(2) The customer has declared inability to pay on forms provided by the utility;
(3) The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the utility; and
(4) The customer’s account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
(I) Annually, between August 15 and October 15, the municipal utilities must mail to all residential customers, an annual notice explaining the Minnesota cold weather rule.
(J) The notice must explain that utilities cannot be disconnected if the customer meets the following requirements:
(1) Utility disconnection would affect the customer’s primary heat source;
(2) The customer has declared inability to pay on forms provided by the utility;
(3) The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the utility; and
(4) The customer’s account if current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
(K) Telephone numbers of County Human Services and Minnesota Valley Action Council should also be provided in this notice, as well as poverty income guidelines.
(1973 Code, § 16-2) (Ord. 167, passed 8-27-1896; Ord. 364, passed 9-13-1982; Ord. 414, passed 11-26-1990; Ord. 418, passed 10-28-1991) Penalty, see § 50.99