Section II: Fees & Charges
SECTION II
FEES, CHARGES, AND COLLECTIONS
THE CITY COUNCIL OF THE CITY OF BARRETT, GRANT COUNTY, MINNESOTA, ORDAINS:
1.01 DEFINITIONS.
For the purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:
Account. A record of utility or other services used by each property and the periodic costs for those utility services.
City. The City of Barrett, County of Grant, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated by City of agency thereof, including sewer, storm sewer, and water service.
Utility rate schedule. A schedule of all utility rates and charges set by ordinance of the City.
Waterworks system. Water and sewer transmission pipes, lines, fixtures, meters, and all necessary equipment and appurtenances owned or operated by the City utility system for the purpose of providing water and sewer services for public or private use.
1.02 ACCOUNTS.
All accounts shall be carried in the name of the owner who personally, or by his or her authorized agent, applied for such service. The owner shall be liable for water and sewer services supplied to the property, whether he or she is occupying the property or not, and any unpaid charges shall be a lien upon the property.
1.03 BILLING.
Water, sewer, garbage, and other charges, if any, shall be billed on one bill as applicable to each account. All charges for water, sewer, garbage and other service, if any, shall be due upon receipt and considered delinquent after the tenth day of the following month. All bills shall contain the title, address, and telephone number of the City office, which shall be clearly visible and easily readable. Bill shall be mailed to the customers on or before the fifth day of each month and specify the water consumed and the sewer, garbage and other charges in accordance with the current rate schedule set by the City Council.
1.04 UTILITY RATE SCHEDULE.
A. The rate schedule shall may be amended annually by ordinance of the City Council and shall be effective following passage and publication as required by law .
B. The City Council ordinance setting out the rate schedule shall also establish the number of certification cycles per year. At least one certification cycle will be timed each year to coincide with Grant County’s requirements for certification to the following year’s taxes. Additional certification cycles may be set in the annual rate schedule ordinance. Each year, the council shall establish one or more certification cut-off dates. All city utility accounts, unless exempt for other legal reason, which have been billed a delinquent bill and remain unpaid as of the certification cut-off date shall have the balance on the account included in a preliminary certification list.
1.05 DELINQUENT ACCOUNTS.
A. Penalties. A late payment penalty of ten percent shall be assessed on all accounts with a past due balance.
B. Shut-off for nonpayment. Water shall not be shut-off until notice and an opportunity for a hearing before the city council or an employee designated by the city council have been provided to the occupant and owner of the premises involved.
1. If any bill is not paid by the due date listed on the bill, a second bill will be mailed by first class mail and shall state that if payment is not made within ten (10) days of the date of mailing of the second bill, water service to the premises will be shut off for nonpayment.
2. The second bill and shut-off notice shall contain the title, address, and telephone number of the official in charge of billing; the title, address, and telephone number shall be clearly visible and easily readable.
3. The notice shall also state that the/any occupant or owner has the right to a hearing before the water service is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer’s service and shall have the authority to adjust the customer’s bill or enter into a mutually agreeable payment plan.
4. If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete.
5. If a customer fails to pay and fails to request a hearing under this part, service will be shut off at the time specified in the notice, but not until the charges have been due and unpaid for at least thirty (30) days.
C. Certification for collection with taxes. Unpaid sewer, water, garbage and other charges shall not be certified to the county auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail to the last address of record 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 occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid charges.
1. The owner of the property shall have the option of paying the balance due 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 will include unpaid penalties.
2. 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 the 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.
3. For each certification sustained, the property owner shall have the following options after the hearing.
a. To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within ten (10) days of the hearing date.
b. To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the eleventh day following the hearing date through the date of payment.
c. To pay the certified charges as billed to them by Grant County on their property tax statement with a collection term of one year.
4. Fifteen (15) days after the hearing, the certified roll, minus any payments, shall be delivered to Grant County.
D. Revenue Recapture. To the extent otherwise authorized by law, the City may utilize the revenue recapture provisions of section 270A. of the Minnesota Statutes to collect any account that is more than 60 days delinquent.
1.06 Repeal. The following provisions of the Code of Ordinances for the City of Barrett, County of Grant, State of Minnesota, are hereby in all respects repealed:
Section 4.08 b
Section 4.08 c
Section 4.08 d
Section 6.17
Section 6.18
1.07 This ordinance becomes effective for and after its passage and publication.
Passed by the Barrett City Council this 9th day of February, 2009.
__________________________
Mayor
Attest:
______________________
Barrett City Clerk