CHAPTER 35: FEES AND CHARGES
Section
   35.01   Fees, charges and rates authorized and defined
   35.02   Priority of application
   35.03   Collection, late payment charge and special assessment
   35.04   Late payment of fees for renewals of licenses
   35.05   Assessment of delinquent charges for utility services
   Appendix A: Fee Schedule
§ 35.01 FEES, CHARGES AND RATES AUTHORIZED AND DEFINED.
   The fees, charges and rates for the purposes set forth in this chapter for licenses, permits and municipal services shall be in the amount set forth in this chapter. Reference to the amounts set forth herein in other portions of this code or in other ordinances may be made in such terms as “required fee”, “established fee”, “required license fee”, “license fee” and “license fee in the required amount”, without specific reference to this chapter, in which event the amounts herein set forth shall be applicable.
(1992 Code, § 500:00)
§ 35.02 PRIORITY OF APPLICATION.
   If fees, charges and rates are set forth specifically in parts of this code other than this chapter or in other ordinances which are now in effect, but have not been set forth in this chapter, in that event, the fees, charges and rates thereby specifically set forth shall be effective for all purposes. In the event that such amounts shall appear in other places in this code or in other ordinances or codes, but shall appear in this chapter, the amounts appearing in this chapter shall supersede the others.
(1992 Code, § 500:05)
§ 35.03 COLLECTION, LATE PAYMENT CHARGE AND SPECIAL ASSESSMENT.
   Payment in accordance with billings shall be made not later than the billing date established for the account. In addition to the charges provided, there shall be a late charge as set by the Council and as may be set from time to time for payments made after the fifteenth day after the billing date. When a charge is more than 15 days past due it shall be considered delinquent. It shall be the duty of the Clerk-Treasurer to endeavor to promptly collect delinquent accounts. All delinquent accounts shall be certified to the Clerk-Treasurer who shall prepare an assessment roll each year providing for assessment of the delinquent amounts, plus interest at the rate of 8% per annum from the date they become delinquent, against the respective properties served. This assessment roll shall be delivered to the Council for adoption on or before October 10 of each year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts.
(1992 Code, § 500:10)
§ 35.04 LATE PAYMENT OF FEES FOR RENEWALS OF LICENSES.
   Fees for renewal of licenses will be doubled if received late. Fees are deemed to be late if not received by noon of the Thursday preceding the City Council meeting which considers the annual renewals, if the City Clerk-Treasurer has sent notice of the date of Council consideration at least 30 days before the scheduled date for consideration. A penalty collected under this section shall not exceed $100.
(1992 Code, § 500:15)
§ 35.05 ASSESSMENT OF DELINQUENT CHARGES FOR UTILITY SERVICES.
   (A)   Purpose. The city’s public utilities provides electricity, gas service and water service to customers for premises within its service territory. The city’s public utilities also bills for sewer service on behalf of the city. Each year there are customers who fail to timely pay the bills for the services provided. When collection efforts are unsuccessful, the amounts not collected must be borne by other customers and results in higher rates than would be in force if all customers paid their utility bills in a timely manner. To minimize uncollectable accounts for public utility services and to reduce the amount borne by paying customers the City Council adopts this chapter providing that the unpaid charges of delinquent service accounts may be assessed against the property served.
   (B)   Authority. Section 9.9 of the amended Charter of the city provides that the Public Utilities Commission may sue or make unpaid charges a lien against the property served in the name of the city for any money due to it for services or commodities. Minn. Stat. § 444.075, Subd. 3e, as it may be amended from time to time, enables municipalities to certify past due sewer and water bills for collection with property taxes. In 1989, Minn. Stat. § 366.012, as it may be amended from time to time, was passed giving towns the authority to certify unpaid service charges for collection with taxes and, subsequently in 1973, Minn. Stat. § 415.01, as it may be amended from time to time, was passed giving municipalities all the powers afforded to towns which, therefore, allows the city to certify delinquent electric and gas charges to the County Auditor to be collected with property taxes.
   (C)   Certification of unpaid charges. From time to time, the Public Utility Department shall certify to the City Clerk-Treasurer a list of unpaid accounts showing the names and addresses of all unpaid electrical utility accounts. The Council shall certify the unpaid accounts against the property receiving electrical, gas and water and sewer service from the Public Utility Department to the County Auditor for collection with taxes under the procedure found in Minn. Stat. §§ 429.011 et seq., as it may be amended from time to time. The delinquent sum together with interest shall be credited proportionately to the Electric, Gas or Water or Sewer Fund.
   (D)   Limitation. Notwithstanding the authority contained in the preceding section, pursuant to Minn. Stat. § 325E.025, Subd. 2, as it may be amended from time to time, the Public Utility Department shall not place a lien on a landlord or owner’s property for a tenant’s outstanding electrical bill unless the owner or a property manager, acting as the owner’s agent, contracted for the utility service.
   (E)   Application. The City Council declares that this chapter is procedural and may be applied retroactively against all properties upon which there exist unpaid charges for utilities for which a suit or lien may be served under § 9.9 of the amended Charter of the city.
(1992 Code, § 500:20) (Ord. 1486, passed 10-16-2012; Ord. 1500, passed 5-21-2013)
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