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The provisions of this chapter and the provisions of all rules and regulations promulgated pursuant to authority of this chapter when the rules and regulations are placed on file in the office of the City Clerk, shall be deemed to be a part of and incorporated in each city contract whereby the party contracting with the city is provided with any service furnished by the municipal utilities, whether or not it is so stated in the contract.
(1973 Code, § 16-1) (Ord. 167, passed 8-27-1896)
(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
Customers of the municipal services shall admit to their premises which are served thereby the Superintendent of Municipal Utilities or his or her agents, upon proper identification and during the hours between 8:00 a.m. and 5:00 p.m. of any day, for the purpose of inspecting meters and appurtenances to the city municipal services and the manner of and purposes for which any service is being used.
(1973 Code, § 16-3) (Ord. 167, passed 8-27-1896)
(A) The city reserves the right to diminish or suspend services provided by the municipal utilities in the event of shortage or lack of water or electrical current, the need for repairs to or other work on any component of any municipal utilities system, a shortage of operating personnel, supplies or funds, danger of fire or other hazard to the public health, safety or welfare, act of God or the public enemy or any other emergency. When the need to diminish or suspend any service becomes apparent, the Superintendent of Municipal Utilities shall give notice thereof by news release or other means calculated to inform the inhabitants of the city.
(B) The city shall not be liable under any circumstances for any deficiency or failure in the supply of water, electricity or other service to customers of the municipal utilities for any action taken by the city pursuant to authority of this section.
(1973 Code, § 16-4) (Ord. 167, passed 8-27-1896)
When any service of the municipal utilities has been disconnected, turned off or otherwise discontinued by the city to any customer or to any premises, no person shall reconnect, turn on or otherwise obtain the resumption of the service except by authority of the Superintendent of Municipal Utilities.
(1973 Code, § 16-5) (Ord. 167, passed 8-27-1896) Penalty, see § 50.99
(A) The City Council, of its own volition or upon recommendation of the Superintendent of Municipal Utilities, may from time to time adopt and amend rules and regulations not inconsistent with state law, the Charter, this code or other ordinance to implement the provisions of this chapter and for the administration and governance of the municipal utilities and the several systems and components thereof and the services provided thereby, including, but not limited to the following:
(1) The division of customers of any service into reasonable categories;
(2) The establishment of fees, rates, charges and billings for work done or services provided, and penalties for delinquency in payment thereof;
(3) The means whereby premises are to be connected to city utility services, the maintenance of connections and appurtenances thereto, and materials, plans and specifications therefor and standards to be met;
(4) Permits and inspections, and fees to be charged therefor;
(5) Limitations and restrictions upon customers as to the use of services provided by the city, including provisions to be applicable during times of drought, power shortages and other seasonal, or emergency conditions or situations; and
(6) Penalties for noncompliance or violation.
(B) Rules and regulations promulgated pursuant to this section shall be in force when passed by an affirmative vote of a majority of the members of the City Council, recorded in the office of the City Clerk and published in the official newspaper.
(1973 Code, § 16-6)
Bills to customers of the municipal utilities, including owners or occupants of premises which are connected to the city sewer system, shall be mailed on the first day of each month or as soon thereafter as may be practicable, and the bills shall be due immediately, and shall be classed as delinquent if not paid on or before the fifteenth day of the month and shall then be subject to collection in any manner provided by law for the collection of debts due the city.
(1973 Code, § 16-7)
(A) Definitions and meanings. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a difference meaning.
RENTAL PROPERTY. Any building or parcel of residential real property, the principal occupant(s) of which is a person or persons other than the owners of said property or parcel as reflected in the records of the Le Sueur County Recorder. RENTAL PROPERTY shall include property containing manufactured home parks.
SEVERELY DELINQUENT ACCOUNT. Any utility account regarding a residential property that has received two consecutive months service without full payment to the city for the service.
UTILITY SERVICE. Shall include any and all electric service, water service, and sewer service, refuse service, and similar items provided by the city to its residential customers.
(B) Residential customers. This section applies to all residential city utility customers including manufactured home parks.
(C) Accounts.
(1) New accounts. All new accounts (contracts) for utility service, beginning the effective date of this section, shall be between the city, and the respective property owners. The utility customer shall be the property owner regardless of who occupies the property or who receives the bill for utility service.
(2) Existing accounts.
(a) For all existing accounts, the property owner shall be the utility customer regardless of who occupies the property or who receives the bill, notwithstanding any agreement to the contrary between an owner and a tenant of rental property, except as provided in division (b) below. The property owner is responsible for all utility account charges to the property, and the city will ensure that all utility accounts are in the property owner's name.
(b) If an owner of a rental property for all existing accounts provides the city with a copy of the written lease governing the lease of the owner's property, then as to that property, this section will not be effective until one year after adoption, and the city will not place the account into the owner's name until one year after the adoption of this section. In that case, the tenant(s) shall remain liable for the utility charges incurred prior to the city changing the account into the owner's name.
(3) Account billing.
(a) The city will send the bill for services to the property owner unless the property is rental property and the owner agrees to have the city send a copy of the bill to the tenant, and the owner provides a written authorization for the city to send bills for that property to the tenant.
(b) A property owner may assign, and a tenant may agree to assume, the duty to pay for utility services. However, the property owner shall remain ultimately responsible to the city for all utility account charges notwithstanding any agreement between the owner and tenant.
(D) Certification.
(1) The city hereby establishes a procedure to certify severely delinquent utility accounts to the County Auditor for collection with the subsequent year's property taxes due against the parcel for which said past due billing is owed.
(2) Procedure.
(a) After August 1 of each year, the city shall prepare a list of severely delinquent accounts.
(b) Prior to August 8 of each year, the City Council shall select a date and time for a public hearing at which the Council will hear disputes on severely delinquent accounts. The date of the public hearing shall be during the month of September.
(c) Prior to August 10 of each year, the city shall send a letter to the severely delinquent account property owner advising the owner of the following:
1. That the account is severely delinquent along with the balance owed on the account;
2. That the owner must make full payment on the severely delinquent account, and that the payment must be made in cash or cash equivalent;
3. That if the balance is not paid in full by 4:00 p.m. on September 30 of that year the amount due on that date (which will include any accrued late fees, interest, and/or certification fee) will be certified to the County Auditor for collection with the following year's property taxes; and
4. That the owner has the right to dispute the account only at the public hearing on the date and time specified in the resolution.
(d) The Council shall hold a public hearing on the date selected to hear account disputes. Any property owner who has a utility account that is severely delinquent and disputes the delinquent amount shall be entitled to speak at the public hearing on the matter in dispute before the delinquent amount is certified. The Council may accept relevant evidence during the hearing, and shall make and announce their decision prior to the deadline for certification. A tenant's failure to pay for services shall not in and of itself constitute grounds to delay or prevent certification of the amount due for collection.
(Ord. 550, passed 6-22-2015)
It shall be unlawful for any person to do or perform any act or thing prohibited by this chapter, or otherwise than in accordance with its provisions, or to violate any of the rules or regulations promulgated pursuant to authority of this chapter; and any person convicted of any the violation shall, in addition to any sentence imposed therefor, be liable to the city for any damages sustained by the city by reason of the violation.
(1973 Code, § 16-8) (Ord. 167, passed 8-27-1896)
Cross-reference:
General penalty, see § 10.99