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HomeMy WebLinkAbout2013-01-26 PACKET 08.CD 4- L. CL w t (A � o m V O V V CD 4- L. CL w t (A (1) > .-J O �V O U ._ - V O m (1) > .-J O �V O U Cottage J Grove h ere Pride and VrOsperity Meet To: Mayor and City Council Members Ryan Schroeder, City Administrator From: Robin Roland, Finance Director Date: January 23, 2013 Subject: Water shut off process and Utility Billing Certification Water shut -off process: • On or about the 15 of the month, the UB clerk runs an account aging report identifying customers with balances over 90 days past due. • Letters are sent to accounts (both residents and property owners) with balances of $250 or greater informing them of the delinquency and giving them two weeks from the date of the letter to remedy the delinquency. • Payments are accepted by check or cash for the first week and cash only for the last week (reducing the possibility of NSF's) • On the "due" date, a listing of the accounts with remaining balances or which have not "made arrangements" is sent to Public Works. • Public Works staff "tags" the property with a warning tag for shut off. The actual shut off date is 3 to 5 days subsequent to the tag and is noted on the tag. • On the actual `shut off' date, Public Works staff returns to the property and shuts off the water at the curb box. • A fee of $75 is added to the account and the water is not turned back on until the account is paid in full. • This process takes place for the months of March through September (effectively shutting off April through October) • An example of a typical calendar /timeframe: • Report run March 18th • Letters mailed March 20 • Payment deadline April 3rd • Properties "tagged" April 4th for shut off day no later than April 9th • Notes: • We take a lot of phone calls and hear a lot of stories. • With an "average" monthly bill of $45, it takes 9 months of non - payment to make the list. • We work with the customers on "arrangements" and most are pretty good about following through. • On actual shut off day the list can range from two or three to nine properties. Certification process: • In September, after the regular billing cycle, the UB clerk extracts information on all active accounts which are over $50 and 60 days delinquent and all unpaid inactive accounts. • Using this information, letters are mailed to residents and /or property owners notifying them of the intent of the City to certify outstanding delinquent balances to the property taxes. • Letters indicate a pay by date (usually in mid - November or 60 days) after which any balances remaining are certified to the subsequent year's property tax. • The list of outstanding amounts and accounts is certified (sent) to the County after a public hearing at the first City Council meeting in December. • The amount certified includes administration fee and interest. • Notes: • We follow the statutory authority allowed in Minnesota State Statute 444.075 • Property owners are the responsible party for charges incurred; any arrangements with tenants (in a rental situation) are not the responsibility of the City. • If a "Final billing" for a property is not paid by the departing property owner, the outstanding amount may be certified to the current (new) owner's property taxes. We usually refer the "new" owner to their closing company to access any escrows withheld for just such a purpose. 61 ._ i MINNESOTA STATUTES 2010 444.075 444.075 WATERWORKS SYSTEMS; STORM, SANITARY SEWER SYSTEMS. Subdivision 1. Definitions. The definitions in this subdivision apply in this section. (a) "Municipality" means a home rule charter or statutory city or a town that is not in an orderly annexation process on October 3, 1989. (b) "Governing body" means the town board with respect to towns. (c) "Waterworks" means waterworks systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a waterworks system. (d) "Sanitary sewer" means sanitary sewer systems, including sewage treatment works, disposal systems, and other facilities for disposing of sewage, industrial waste, or other wastes. (e) "Storm sewer" means storm sewer systems, including mains, holding areas and ponds, and other appurtenances and related facilities. for the collection and disposal of storm water. (f) "Facilities" means and includes waterworks, sanitary sewer and storm sewer systems, or any portion or portions thereof. Subd. 1a. Authorization. Any municipality may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain facilities, and maintain and operate the facilities inside or outside its corporate limits, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose. The authority hereby granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of this state or by the charter of any municipality. The authority regarding storm sewers granted to municipalities which have territory within a watershed which has adopted a watershed plan pursuant to section 10313.231 shall be exercised, with respect to facilities acquired following the adoption of the watershed plan, only for facilities which are not inconsistent with the watershed plan. The authority regarding storm sewers granted to municipalities which have adopted local water management plans pursuant to section 103$.235 shall be exercised, with respect to facilities acquired following the adoption of a local plan, only for facilities which are not inconsistent with the local plan. Counties, except counties in the seven - county metropolitan area, shall have the same authority granted to municipalities by this subdivision except for areas of the county organized into cities and areas of the county incorporated within a sanitary district established by special act of the legislature. Subd. 2. Financing. For the purpose of paying the cost of building, constructing, reconstructing., repairing, enlarging, improving, or in other manner obtaining the facilities or any portion of them, and of obtaining and complying with permits required by law, a municipality or county may issue and sell its general obligations, which may be made payable primarily from taxes or from special assessments to be levied to pay the cost of the facilities or from net revenues derived from facilities service charges or from other nontax revenues pledged for their payment under charter or other statutory authority, or from two or more of the sources; or it may issue special obligations, payable solely from taxes or special assessments or from revenues, or from two or more of the sources. Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations. All obligations shall be issued and sold in accordance with chapter 475. When special assessments are pledged for the payment of the obligations, they shall be authorized and issued in accordance with the provisions of chapter 429, or of the city's charter if it authorizes these Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2010 444.075 obligations and the governing body determines to proceed under the charter. When net revenues are pledged to the payment of the obligations, together with or apart from taxes and special assessments, the pledge shall be made in accordance with the provisions of subdivision 3. Subd. 2a. Collection of charges by watershed districts. (a) With respect to watershed districts, charges established under section 103D.729 for the purpose of projects under section 103D.730 may be billed and collected in a manner the district shall determine, including certification to the: counties with territory within the district for collection by the counties. A county may bill and collect the charges in a manner the county board shall determine or as described in paragraph (b). (b) On or before October 15 in each year, the district or county board may certify to the county auditor all unpaid outstanding charges, and a description of the lands against which the charges arose. The county auditor shall extend the charges with interest not to exceed the interest rate provided for in section 279.03, subdivision 1, upon the tax rolls of the county for the taxes of the year in which the charge is filed. For each year ending October 15 the charge with interest shall be carried into the tax becoming due and payable in January of the following year, and shall be enforced and collected in the manner provided for the enforcement.and collection of real property taxes. The charges, if not paid, shall become delinquent and subject to the same penalties and the same rate of interest as real property taxes. (c) Any individual may appeal the charges under section 103D.535. Subd. 3. Charges; net revenues. (a) To pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment, the maintenance, operation and use of the facilities, and of obtaining and complying with permits required by law, the governing body of a municipality or county may impose just and equitable charges for the use and for the availability of the facilities and for connections with them and make contracts for the charges as provided in this section. The charges may be imposed with respect to facilities made available by agreement with other municipalities, counties or private corporations or individuals, as well as those owned and operated by the municipality or county itself. (b) Notwithstanding local charter restrictions, charges made for service rendered shall be as nearly as possible .proportionate to the cost of furnishing the service. Subd. 3a. Sanitary sewer charges. Sanitary sewer charges may be fixed: (1) on the basis of water consumed; or (2) by reference to a reasonable classification of the types of premises to which service is furnished; or (3) by reference to the. quantity, pollution qualities and difficulty of disposal of sewage produced; or (4) on any other equitable basis including any combination of equitable bases referred to in clauses (1) to (3), but specifically excluding use of the basis referred to in subdivision 3b, clause (1); and otherwise without limit. Subd. 3b. Storm sewer charges. Storm sewer charges may be fixed: (1) by reference to the square footage of the property charged, adjusted for a reasonable calculation of the storm water runoff, or Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES'2010 444.075 (2) by reference to a reasonable classification of the types of premises to which service is furnished; or (3) by reference to the quantity, pollution qualities, and difficulty of disposal of storm water runoff produced; or (4) on any other equitable basis, including any combination of equitable bases referred to in clauses (1) to (3), but specifically excluding use of the basis referred to in subdivision 3a,. clause (1); and otherwise without limit.. Subd. 3c. Minimum charges. '(a) Minimum charges for the availability of water or sewer service may be imposed for all premises abutting on streets or other places where municipal or county water mains or sewers are located, whether or not connected to them. (b) Minimum charges or user charges collected for waterworks, sanitary sewers, or storm sewers must be used only to pay for items for which charges are authorized in subdivision 3. Subd. 3d. Facilities' connection charges. Charges for connections to the facilities may in the discretion of the governing body be fixed by reference to the portion of the cost of connection which has been paid by assessment of the premises to be connected, in comparison with other premises, as well as the cost of making or supervising the connection. Subd. 3e. Who may be charged; unpaid charges. The governing body may make the charges a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected. Subd. 3f. Tax levies for public charges. The governing body may fix and levy taxes for the payment of reasonable charges to the municipality or county itself for the use and availability of the facilities for fire protection, for maintaining sanitary conditions, and for proper storm water drainage in and for public buildings, parks, streets, and other public places. Subd. 3g. Reasonableness of charges. In determining the reasonableness of the charges to be imposed, the governing body may give consideration to all costs of the establishment, operation, maintenance, depreciation and necessary replacements of the system, and of improvements, enlargements and extensions necessary to serve adequately the territory of the municipality or county including the principal and interest to become due on obligations issued or to be issued and the costs of obtaining and complying with permits required by law. Subd. 3h. When charges are not unreasonable. When net revenues have been appropriated to the payment of the cost of the establishment, or of any specified replacement, improvement, enlargement or extension, or to pay the principal and interest due on obligations to be issued for such purpose, no charges imposed to produce net revenues adequate for the purpose shall be deemed unreasonable by virtue of the fact that the project to be financed has not been commenced or completed, if proceedings for it are taken with reasonable dispatch and the project, when completed, may be expected to make service available to the premises charged which will have a value reasonably commensurate with the charges. Subd. 3i. Collections first for current costs. All charges, when collected, and all moneys received from the sale of any facilities or equipment or any by- products, shall be placed in a separate fund, and used first to pay the normal, reasonable and current costs of operating and maintaining the facilities. Copyright Cc 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2010 444.075 . Subd. 3j. Excess net revenues may be used for debt. The net revenues received in excess of the costs may be pledged by resolutions of the governing body, or may be used though not so pledged, for the payment of principal and interest on obligations issued as provided in subdivision 2, or to pay the portion of the principal and interest as may be directed in the resolutions, and net revenues derived from any facilities of the types listed in subdivision la, whether or not financed by the issuance of the obligations, may be pledged or used to pay obligations issued for other facilities of the same types. Subd. 3k. Covenants to secure debt payments. In resolutions authorizing the issuance of either general or special obligations and pledging net revenues to them, the governing body may make covenants for the protection of holders of the obligations and taxpayers of the municipality or county as it deems necessary, including, but without limitation, a covenant that the municipality or county will impose and collect charges of the nature authorized by this section at the times and in the amounts required to produce, together with any taxes or special assessments designated as a primary source of payment of the obligations, net revenues adequate to pay all principal and interest when due on the obligations and to create and maintain reserves securing the payments as may be provided in the resolutions. Subd. 31. Enforceability of covenant. When a covenant is made it shall be enforceable by appropriate action on the part of any holder of the obligations or any taxpayer of the municipality or county in a court of competent jurisdiction, and the obligations shall be deemed to be payable wholly from the income of the system whose revenues are so pledged, within the meaning of sections 475.51 and 475.58. Subd. 4. Levy assessments. The governing body of a municipality or county may also levy assessments against property within the municipal or county limits benefited by the facilities under the procedure authorized by law or charter with reference to other assessments for benefits of local improvements, may transfer and use for the purposes hereof surplus funds of the municipality or county not specifically dedicated to another purpose, and may levy taxes on property within the municipal or county limits for the purposes. A municipality or county may contract with any person, company or corporation for the purposes and under the restrictions set forth in subdivision 5. The contract shall be binding upon the parties to it for the full term agreed upon but in no event more than 3 0 years, and shall not be changed by either party without the consent of the other party. Subd. 5. Connection with facilities; charges. A municipality or county may permit a person, company or corporation located and doing business inside or outside the municipal or county limits to connect with the facilities and make use of them upon terms and upon the payment of fees and charges as may be prescribed or contracted for by the municipality or county, and to contract with a person, company or corporation for the payment by the person, company or corporation of a part of the cost of construction, maintenance or use of the facilities and to receive from the person, company or corporation doing business inside or outside the municipal or county limits payment in cash or installments of the portion of the cost of the construction, maintenance or use as. may be agreed upon or contracted for with the municipality or county and devote the money received to the purpose of the construction, maintenance or use. The proportionate cost of construction, maintenance or use of the facilities to be paid by the person, company, or corporation may be made payable in installments due at not greater than annual intervals for a period not to exceed 30 years. A person, company or corporation which may pay part of the cost of construction, maintenance or use of the facilities in the manner described, shall have the right to use the facilities for the disposal or treatment of sewage, industrial waste, or Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2010 444.075 other wastes, by the municipality or county upon the payment of reasonable charges for the use of the facilities or the charges contracted for in case there is a contract as provided in this subdivision. A municipality or county may contract with another municipality or county for the . joint or cooperative obtainment or use of such facilities without limitation of time. Subd. 6. [Repealed, 1963 c 696 s 4] History: 1949 c 394 s 1 -4; 1951 c 366 s 1; 1953 c 195 s 1; 1955 c 296 s 1; 1957 c 608 s 1; 1.959 c 294 s 1; 1963 c 696 s 1 -3; 1973 c 123 art 5 s 7; 1973 c 702 s 23; 1983 c 183 s 1, 2; 1985 c 169 s 15; 1 Sp1985 c 16 art 2 s 12,13; I Sp1989 c I art 5 s 31; art 17 s 8; 1990 c 391 art 8 s 45; 1996 c 471 art 8 s 18; 2004 c 141 s 1 -4; 2008 c 331 s 8 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2010 50413.215 504B.215 BILLING; LOSS OF SERVICES. Subdivision 1. Definitions. For the purposes of this section, "single- metered residential building" means a multiunit rental building with one or more separate residential living units where the utility service measured through a single meter provides service to an individual unit and to all or parts of common areas or other units. Subd. 2. Single -meter utility service payments. Except as provided in subdivision 3, the landlord of a single- metered residential building shall be the bill payer responsible, and shall be the customer of record contracting with the utility for utility services. The landlord must advise the utility provider that the utility services apply to a single- metered residential building. A failure by the landlord to comply with this subdivision is a violation of sections 504B.161, subdivision 1, clause (1), and 504B.221. This subdivision may not be waived by contract or otherwise. This subdivision does not require a landlord to contract and pay for utility service provided to each residential unit through a separate meter which accurately measures that unit's use only. This subdivision does not prohibit a landlord from apportioning utility service payments among residential units and either including utility costs in a unit's rent or billing for utility charges separate from rent. Subd. 2a. Conditions of separate utility billing to tenant in single -meter, buildings. (a) A landlord of a single- metered residential building who bills for utility charges separate from the rent: (1) must provide prospective tenants notice of the total utility cost for the building for each month of the most recent calendar year; (2) must predetermine and put in writing for all leases an equitable method of apportionment and the frequency of billing by the landlord; (3) must include in the lease a provision that, upon a tenant's request, the landlord must provide a copy of the actual utility bill for the building along with each apportioned utility bill. Upon a tenant's request, a landlord must also provide past copies of actual utility bills for any period of the tenancy for which the tenant received an apportioned utility bill. Past copies of utility bills must be provided for the preceding two years or from the time the current landlord acquired the building, whichever is most recent; and (4) may, if the landlord and tenant agree, provide tenants with a lease term of one year or more the option to pay those bills under an annualized budget plan providing for level monthly payments based on a good faith estimate of the annual bill. (b) By September 30 of each year, a landlord of a single- metered residential building who bills for gas and electric utility charges separate from rent must inform tenants in writing of the possible availability of energy assistance from the Low Income Home Energy Assistance Program. The information must contain the toll -free telephone number of the administering agency. (c) A failure by the landlord to comply with this subdivision is a violation of sections 504B.161, subdivision 1, clause (1), and 504B.221. Subd. 2b. De minimis exception. Any tariff approved by the Public Utilities Commission regarding a violation of subdivision 2 shall include a de minimis exception. The de minimis exception shall provide that electrical service in a common area that does not exceed an aggregate 1,752 kilowatt hours per year, which service is measured through a meter serving an individual residential unit, shall not cause a building to be a "single- metered residential building" as used in Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2010 50413.215 this section. The amount of common area usage may be determined by actual measurement or, when such measurement is not possible, it may be determined not likely to exceed 1,752 kilowatt hours per year by a licensed tradesperson or a housing inspector. The landlord shall bear the burden and cost associated with proving an exception. If a tariff is not adopted, this subdivision shall have no effect. Subd. 3. Procedure. (a) A municipality, utility company, or other company supplying home heating oil, propane, natural gas, electricity, or water to a building who issues a final notice proposing to disconnect or discontinue the service to the building because a landlord who has contracted for the service has failed to pay for it or because a landlord is required by law or contract to pay for the service and fails to do so must provide notice to the residents of the impending disconnection by posting the building. The posting must be placed in at least one conspicuous location in or on the building and provide tenants with, at a minimum, the following information: (1) the date the service will be discontinued; (2) the telephone number to call at the utility to obtain further information; (3) a brief description of the rights of tenants under this section to continue or restore service; and (4) advice 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 utility service. A tenant or group of tenants may pay to have the service continued or reconnected as provided under this section. Before paying for the service, the tenant or group of tenants shall give oral or written notice to the landlord of the tenant's intention to pay after 48 hours, or a shorter period that is reasonable under the circumstances, if the landlord has not already paid for the service. In the case of oral notification, written notice shall be mailed or delivered to the landlord within 24 hours after oral notice is given. (b) In the case of natural gas or electricity, if the landlord has not paid the bill by the time of the tenant's intended payment or if the service remains discontinued, the tenant or tenants may pay the current charges for the most recent billing period and the utility company or municipality must restore the service for at least one billing period. In a residential building with less than five units, one of the tenants may notify the utility company or municipality that the tenant agrees to become the bill payer responsible and customer of record and the utility company or municipality must place the account disconnected or subject to disconnection in the tenant's name and provide service prospectively, provided the tenant satisfies all requirements for establishing service. A tenant becoming the customer of record of a cooperative electric association does not acquire membership rights. Exercise of the right to pay the current charges for the most recent billing period does not preclude exercising the right to become the bill payer responsible and customer of record, provided that if there are multiple tenants in an affected multifamily building, the utility company or municipality is not required to offer the right to become the bill payer responsible and the customer of record to more than one tenant in a 12 -month period. (c) In the case of water, if the landlord has not paid the bill by the time of the tenant's intended payment or if the service remains discontinued, upon request from a tenant, a municipality must provide a copy of each bill the landlord fails to pay. The tenant: Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2010 50413.215 (1) has a continuing right to pay the current charges for the most recent billing period and retain service; (2) has the period of time provided by the governing ordinance, policy, or practice within which to pay the charges; (3) is not subject to any deposit requirements; and (4) is entitled to reasonable notice of any disconnection. This paragraph does not require a municipality to alter its accounting system or billing records if the tenant exercises the right to pay current charges and retain water service. If there are multiple tenants in an affected property, the municipality is not required to offer the right to pay current charges and retain service to more than one tenant in a 12 -month period. (d) For purposes of this subdivision, "current charges" does not include arrears or late payment fees incurred by the landlord. (e) In a single- metered residential building, other residential tenants in the building may contribute payments to the utility company or municipality on the account of the tenant who is the customer of record under paragraph (b) or on the landlord's account under paragraph (c). (f) A landlord who satisfies all requirements for reestablishing service, including paying, or entering into an agreement acceptable to the utility company or municipality to pay, all arrears and other lawful charges incurred by the landlord on the account that was placed in the tenant's name, may reestablish service in the landlord's name. (g) This section does not restrict or prohibit a municipal utility provider from exercising its authority pursuant to section 444.075, subdivisions 3 and 3e, to make contracts with and impose utility charges against property owners and to certify unpaid charges to the county auditor with taxes against the property served for collection as a tax. (h) In the case of home heating oil or propane, if the landlord has not yet paid the bill by the time of the tenant's intended payment, or if the service remains discontinued, the tenant or tenants may order and pay for one month's supply of the proper grade and quality of oil or propane. (i) After submitting documentation to the landlord of the tenant's payment to the utility company or municipality, a tenant may deduct the amount of the tenant's payment to the utility company or municipality from the rental payment next paid to the landlord. Any amount paid to the municipality, utility company, or other company by a tenant under this subdivision is considered payment of rent to the landlord for purposes of section 504B.291. Subd. 4. Limitations; waiver prohibited; rights as additional. The tenant rights under this section: (1) do not extend to conditions caused by the willful, malicious, or negligent conduct of the tenant or of a person under the tenant's direction or control; (2) may not be waived or modified; and (3) are in addition to and do not limit other rights which may be available to the tenant in law or equity, including the right to damages and the right to restoration of possession of the premises under section 504B.291. Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i 4 MINNESOTA STATUTES 2010 504B.215 History: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2; 2006 c 183 s 1; 2008 c 313 s 1,2; 2010 c210s1; 2010c315s7 Copyright Cc 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.