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§ 51.02 UTILITY SUPERINTENDENT.
   The Utility Superintendent shall, subject to the direction of the Council, enforce all provisions of this chapter relating to the city water and sewer systems and private sewage disposal systems, except for duties conferred upon the Building Inspector. Any powers and duties conferred in this chapter upon either of them may be exercised by any other employee of the city when so authorized by them.
('82 Code, § 3.112)
§ 51.03 INFORMATION REQUIRED.
   The owner, lessee, occupant or other person in charge of any premises, or the applicant for any municipal utility service, shall provide the city with information as may be reasonably required related to the provision of or the use of municipal utility services upon the premises. No person shall willfully fail to provide information or willfully falsify information.
('82 Code, § 3.113) Penalty, see § 10.99
§ 51.04 AUTHORITY; ACCESS TO PREMISES.
   The customer or other person in control of any premises connected to the city water supply system or served by the city sewer system shall permit authorized meter readers to read meters at reasonable hours of any day, shall permit authorized employees or agents of the city to have access to all parts of any building or premises connected with the city water supply system or the city storm or sanitary sewer system at times as may reasonably be necessary for repairs and at reasonable hours of any day for the purpose of inspection, observation, measuring, sampling and testing. If access cannot be obtained to read a meter, the customer's bill may be estimated. Refusal to permit access or continued inability to obtain access to the premises shall be grounds for discontinuance of service. In such cases, service shall be discontinued in the same manner as service is discontinued for failure to pay amounts owed.
('82 Code, § 3.114)
§ 51.05 ADDITIONAL REQUIREMENTS.
   (A)   The Building Inspector may establish and enforce any additional requirements not contained in this title as may be necessary or convenient for the adequate, safe, efficient and healthful provision of municipal utility services and of private sewage disposal and for protection of the municipal utility service facilities. No person shall violate any requirements, or any requirements of law or any other agency respecting municipal utility service or private sewage disposal systems.
('82 Code, § 3.115)
   (B)   The Building Inspector may, in writing, vary any requirements contained in this title in favor of alternate methods, designs and requirements when, in the judgment of the Inspector, the alternate methods, designs and requirements will fully provide for the adequate, safe, efficient and healthful provision of city water and sewer service and private sewage disposal facilities.
('82 Code, § 3.116)
§ 51.06 DAMAGES AND VIOLATIONS.
   (A)   Unauthorized acts. No person shall make any municipal service connection, fail to make any required connection or use, damage or interfere with any municipal utility installation contrary to the requirements of this code. No person shall install or use any private sewage disposal system contrary to the requirements of this title.
('82 Code, § 3.121)
   (B)   Liability for damages. Any person violating any provision of this title relating to any municipal utility or any person who negligently or intentionally causes damage to any municipal utility or appurtenance thereto, shall be liable to the city for any expense, loss or damage occasioned thereby. In addition, the customer and owner may each also be held liable if the expense, loss or damage could have been avoided by due care on their part.
('82 Code, § 3.122)
   (C)   Correction of violations.
      (1)   Upon finding any violation of any provision of this title relating to municipal utility services or private sewage disposal facilities, the Superintendent, Building Inspector shall notify the Clerk. The Clerk shall serve notice upon the occupant or other person in charge of the premises, and upon the owner if not occupying the premises, specifying the nature of each violation and the work which is required to be done. The notice shall also specify the reasonable time considering the nature and amount of work to be done, and the nature of the violations, within which each violation or all the violations must be remedied. If each violation is not corrected within the time specified, the official reporting the violation may cause the violation to be corrected at the expense of the occupant or other person in charge or the owner or both.
      (2)   Any person who fails to correct any violation when required to do so shall, upon conviction, be guilty of a misdemeanor. The provisions of this section shall not limit the power or of any officer or agency to act pursuant to authority given elsewhere in this code or by law.
('82 Code, § 3.123) (Am. Ord. 94, passed 12-13-99)
BILLING AND COLLECTION; CHARGES
§ 51.20 STATEMENTS.
   The Clerk shall compute the amount due to the city for each customer for the city water and sewer service and for any other municipal utility charges. The Clerk shall mail a statement of charges to the customer as soon as practicable after the end of each month of service to the customer. Payment shall be due by the first of the month. If payment is not received by the tenth of the month following the date of the bill, a penalty shall be charged in an amount that the Council by resolution may establish from time to time.
('82 Code, § 3.131) (Am. Ord. 94, passed 12-13-99)
§ 51.21 PAYMENTS.
   Amounts owed for municipal utility service shall be due and payable to the Clerk on or before the due date specified in the statement.
('82 Code, § 3.132) (Am. Ord. 94, passed 12-13-99)
§ 51.22 DISCONTINUANCE OF SERVICE.
   (A)   In any case where charges for municipal utility service have not been paid within 30 days after the date due, and where satisfactory payment arrangements have not been made, water and other municipal utility service to the premises may be discontinued in accordance with the requirements of this section. Discontinuance of service for any other reason shall be made in accordance with requirements set forth in other parts of this title which deal with discontinuance of service for the reasons set forth in other parts of this title.
   (B)   The Clerk shall cause written notice of intent to discontinue service for nonpayment of amounts owed to be served upon the customer personally, by certified mail or by leaving a copy of the notice at the premises served. A mailed notice shall also be given to the owner, if the owner is not the customer served. The notice shall state that if payment is not received on or before a date stated in the notice, services specified in the notice will be discontinued. The date shall be not less than three days after the date upon which the notice is given. The notice shall also state that the person may, before that date, file with the Clerk a demand for hearing on the matter, in which case service will not be discontinued until the hearing has been held.
   (C)   If a hearing is demanded by the date specified, a hearing shall be held on the matter by the Council at least three days after the date on which the request was made.
   (D)   Pursuant to M.S. § 216B.097, as it may be amended from time to time, no service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the city, the household income of the customer is less than 185 percent of the federal poverty level as documented by the customer to the city, and 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. The city shall, between August 15 and October 15, of each year, notify all residential customers of these provisions.
   (E)   If, as a result of the hearing, the Council finds that there is an unpaid charge for service and that there is no legal reason why service should not be discontinued, the Council may order that service be immediately discontinued. Unless payment arrangements satisfactory to the Clerk have been made, service shall not be restored until all delinquent charges including recommendation charges are paid.
('82 Code, § 3.133) (Am. Ord. 94, passed 12-13-99)
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