A. Collection Remedies for Water, Sewer, and Garbage Services.
1. Certification for Collection with Taxes. After disconnection for non-payment, the Moorhead Public Service Commission may provide the city with information related to unpaid charges for certification to the County Auditor to be collected in accordance with Minn. Stat. § 444.075, Subd. 3e. Unpaid charges shall not be certified to the County Auditor until notice and an opportunity for a Hearing have been provided to the Account Holder. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the County Auditor for collection as other taxes are collected. The notice shall also state that the Account Holder may, before such certification date, attend or schedule a Hearing on the matter to object to certification of unpaid charges. Unpaid charges may also be recovered in a civil action against the Account Holder.
2. Revenue Recapture. The Minnesota Department of Revenue has the authority to recapture individual tax refunds or other payments and apply them to debts owed to state, local, and county agencies. The city and Moorhead Public Service Commission may utilize the revenue recapture program to apply individual tax refunds or other payments to debts for nonpayment of Services.
3. Option of Payment. The Account Holder shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed. After the date the notice of certification hearing is mailed, payments will still be accepted but may include unpaid penalties.
4. Hearing. A Hearing shall be held on the matter by the City Council. Property owners with unpaid utility charges shall have the opportunity to object to certification of unpaid charges to be collected as taxes are collected. If, after the Hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this ordinance, the city may certify the unpaid charges to the County Auditor for collection as other taxes are collected.
5. Options after Hearing. For each certification sustained, the Account Holder shall have the following options after the Hearing.
a. To pay the delinquent amount after the Hearing date, but before certification, with no interest.
b. To pay the certified charges as billed to them by Clay County on their property tax statement with a collection term of one (1) year.
B. Collection Remedies for Electrical Services. The Moorhead Public Service Commission shall offer a payment agreement for the payment of arrears. Payment agreements must consider an Account Holder's financial circumstances using MN Cold Weather requirements regarding household income and State median income as a guide, and any extenuating circumstances. Unpaid charges may be recovered in a civil action against the Account Holder.
C. Implementation. The Moorhead Public Service Commission is tasked with the primary responsibility for the implementation of this chapter for discontinuance of services and may adopt such additional policies and procedures that are not in contravention with this chapter to accomplish such implementation. (Ord. 2023-07, 6-26-2023)