(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)