A. Notice. Except as provided in this chapter, Moorhead Public Service will not discontinue Service unless a written cut-off notice has been provided to the Account Holder with a due date of twenty-two (22) days. The Moorhead Public Service Commission will send the Account Holder a second, separate written notice at least ten (10) days prior to the due date with notice that disconnection may occur at any time after the due date. The Moorhead Public Service Commission shall keep an accurate record of the date of mailing or personal service of a discontinuance notice.
B. Form of Notice. A notice of discontinuance of Service shall contain, at a minimum, the following information:
1. The name and address of the Account Holder;
2. The address of the premises to which Services are provided;
3. A clear and concise statement of reasons for the proposed discontinuance of Service;
4. The date on or after which Service will be discontinued unless the Account Holder acts to prevent discontinuance;
5. A description of the appropriate action the Account Holder must take to prevent discontinuance and contact information for whom to contact;
6. The right to dispute the discontinuance with the business office, Finance Manager, and before the General Manager, and that Service will not be discontinued prior to a decision by such officer; and
7. A statement describing the steps necessary for an Account Holder to have Service restored following discontinuance.
C. Hearing.
1. An Account Holder has the opportunity to request a Hearing before the General Manager following the receipt of the discontinuance notice and prior to discontinuance. Discontinuance of Service may not occur prior to a requested Hearing. Such a request must be in writing and must be postmarked or hand delivered to the Moorhead Public Service Commission prior to the date for discontinuance contained in the discontinuance notice. An Account Holder may request a Hearing before the General Manager to address technical administrative issues and for any other reason deemed appropriate by the General Manager and Moorhead Public Service.
2. The General Manager shall be empowered to hear argument and review evidence from the Account Holder and to render a decision.
3. The General Manager must schedule a Hearing within thirty (30) calendar days of the receipt of a written request for a Hearing and provide written notice of the date, time, and place of Hearing to the Account Holder at least seven (7) calendar days prior to the scheduled Hearing.
4. At the Hearing, the Account Holder will have the opportunity to present objections to discontinuance and evidence supporting the same. The Moorhead Public Service Commission also has the opportunity to present support for discontinuance during the Hearing.
5. Within thirty (30) calendar days of the Hearing, the General Manager will render his or her decision on discontinuance in writing and provide a copy of such to the Account Holder. If the General Manager finds in favor of discontinuance, the General Manager will include a timeline for discontinuance in the decision.
6. Although an Account Holder may request a Hearing, the Account Holder is not excused from making payment on Service charges that are not in dispute.
D. Limitation on Discontinuance. The Moorhead Public Service Commission must abide by all applicable federal and state laws in discontinuing Service.
E. Discontinuance of Service to Accounts Affecting Tenants.
1. Residential Rental Rule. In situations where the Moorhead Public Service Commission has reason to believe (i) a landlord-tenant relationship exists, (ii) the landlord is the Account Holder of the Service, and (iii) the landlord as the Account Holder would otherwise be subject to discontinuance of Service, then, prior to discontinuance, this section shall apply.
2. Notice. Where the Moorhead Public Service Commission has reason to believe that the circumstances set forth in the immediately preceding subsection are met and the Moorhead Public Service Commission proposes to discontinue Service at such premises for Service nonpayment, the Moorhead Public Service Commission will use the following procedures:
a. The Moorhead Public Service Commission will provide written notice to the landlord by first class mail.
b. The Moorhead Public Service Commission will post in a conspicuous place on or near the front or rear entrances of the premises where the Service is rendered a notice of intent to discontinue Service and a copy of the notice provided to the landlord pursuant to the prior subsection.
c. Said notices shall be posted not less than seven (7) calendar days prior to the date upon which the Moorhead Public Service Commission proposes to terminate Service.
3. Tenant's Rights and Continuance of Service. The posted notice required under the prior subsection shall also contain the following information:
a. The date the Service will be discontinued;
b. The telephone number to call at the Moorhead Public Service Commission to obtain further information;
c. The right to dispute the discontinuance and request a Hearing before the General Manager in accordance with this chapter;
d. The right of tenants to pay to have the Service continued;
e. A brief description of the rights of tenants under Minn. Stat. § 504B.215, as may be amended from time to time; and
f. A statement that tenants are encouraged to consider seeking assistance from legal aid, a private attorney, or a housing organization in exercising the rights of tenants under Minnesota law to maintain their Service.
4. Account Information. The General Manager will make available to any requesting tenant, the account of the premises that has been posted pursuant to this section. (Ord. 2023-07, 6-26-2023)