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HomeMy WebLinkAbout114-03 Utility Billing AmendmentsPRjO\ U M \./ 4646 Dakota Street SE Prior Lake, MN 553 CITY OF PRIOR LAKE ORDINANCE NO. 114 -03 AN ORDINANCE AMENDING PART 7 OF THE PRIOR LAKE CITY CODE BY AMENDING PORTIONS OF SECTION 704 RELATING TO THE CITY WATERWORKS SYSTEM, SECTION 705 RELATING TO THE SANITARY SEWER SYSTEM, AND SECTION 707 RELATING TO STORM WATER MANAGEMENT. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Title 7, Section 704, Subsection 704.406 is hereby deleted in its entirety. 2. City Code Title 7, Section 704, Subsection 704.700 is hereby deleted in its entirety and replaced with the following: 704.700: TAPPING AND TAMPERING PROHIBITED: No person except authorized agents or employees of the City shall tap into, insert stop cocks or ferrules into, or tamper with any distributing main or pipe, stop box, or any other part of the City water supply system. For any violation of this provision, the City may impose the meter tampering penalty set forth in the Official City Fee Schedule plus any costs incurred by the City for repair or replacement, including materials and labor. 3. City Code Title 7, Section 704, Subsection 704.1001 (1) is hereby revised by deleting the words "by reference to" and replacing them with the words "and set forth in ". 4. City Code Title 7, Section 704, Subsection 704.1001 (2) is hereby deleted in its entirety and replaced with the following: (2) A minimum charge for water as set forth in the Official City Fee Schedule shall be imposed per billing period per user. 5. City Code Title 7, Section 704, Subsection 704.1001 (3) is hereby deleted in its entirety. 6. City Code Title 7, Section 704, Subsection 704.1002 is hereby deleted in its entirety and replaced with the following: 704.1002 Water Tower Charge The water tower charge shall be determined by the City Council on an annual basis and set forth in the Official City Fee Schedule. Said fees shall be placed in a fund maintained by the City to accumulate funds for the construction of water storage facilities and wells. 7. City Code Title 7, Section 704, Subsection 704.1003 is hereby deleted in its entirety and replaced with the following: 704.1003 Billing and Delinquency Water and sanitary sewer accounts become active as soon as a meter is picked up from the City and the City may begin billing immediately. Utilities, including water, sanitary sewer, storm water, and any other utility services billable by the City shall be billed in the form and at intervals determined by the City. All charges shall be delinquent if they are unpaid by the bill due date. Each bill not paid by the due date shall be charged a late payment penalty of 1.5% per month until paid or until certified to taxes. Utility charges are a lien against the property, and the property owner remains responsible, at all times, for the payment of the charges in a timely manner. 8. City Code Title 7, Section 704, Subsection 704.1900 is hereby deleted in its entirety and replaced with the following: 704.1900 DISCONTINUANCE AND CERTIFICATION. 704.1901 Discontinuance. (1) Water service may be shut off or discontinued whenever it is found that: a) The owner or occupant of the premises served or any person working on any connection for the premises served with the municipal utility systems has violated any requirement of the City Code relative thereto, or any connection therewith; b) Any charge for a municipal utility service or any other financial obligation imposed on the present owner or occupant of the premises served is unpaid after due notice thereof; c) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor; d) There is a health or safety concern related to the water or sanitary sewer systems; or e) The owner or occupant of the premises served by the City's municipal water service fails (a) within 10 days after written request by the City to the owner or occupant, to provide a time, within 30 days of the written request, to permit entry into the premises by the City, its employees or contractors, during normal working hours, for the purpose of repairing, replacing, modifying or equipping the premises' water meter or the equipment for the reading of the meter, or (b) to permit entry into the premises by the City, its employees or contractors to repair, replace, modify or equip the water meter or the equipment for the reading of the meter at and during the time Page 2 of 7 provided. (2) Water service shall be shut off at the stop box. The City shall give the occupant of the premises written notice, delivered by mail, stating the reason for the shut -off, the required cure, and that if the cure is not completed before a day stated in the notice, but not less than five days after the date on which the notice is given, the water to the premises will be shut off. If water service is terminated by the City for any reason, a water shut -off charge as identified in the Official City Fee Schedule will be charged for turning on said water service. 704.1902 Certification with Taxes All charges and payments provided for herein are the primary responsibility of the owner of the premises served and all such charges and payments shall be a lien upon the property. Delinquent charges, including late payment penalties, shall be certified to the County Auditor to be paid with property taxes. The Finance Director shall determine the certification amounts for each property, including the applicable interest rate as set forth in the Special Assessment Policy, and the delinquent assessment administrative charge set by the Official City Fee Schedule. The owner of the property shall be given written notice stating the amount due, the date by which payment must be made to avoid certification, the time, date, and location of the hearing where the City Council will consider certification, and the interest rate on the certification. The amounts shall be certified to the County Auditor for collection, in accordance with M.S. § 444.075, as it may be amended from time to time, along with property taxes. 9. City Code Title 7, Section 704, Subsection 704.2000 is hereby deleted in its entirety and replaced with the following: 704.2000: PENALTY: Any person violating any provision of this Section shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in accordance with the penalties established by Minnesota Statute Section 609.02 as may be amended. A separate offense shall be deemed committed for each day the violation shall continue. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. 10. City Code Title 7, Section 705, Subsection 705.901.1 is hereby renumbered as Subsection 705.901 and is deleted in its entirety and replaced with the following: 705.901 Rates: 1) Effective February 1, 2005, the sewer utility rates, which shall consist of the City sewer rate plus the Met Council sewer rate, and the capital facility charge shall be determined annually by the City Council and set forth in the Official City Fee Schedule. 2) A minimum charge for sewer as set forth in the Official City Fee Schedule shall be imposed per billing period per user. 3) The charge for sewer usage for each billing cycle for bills issued in June, Page 3 of 7 August, October and December (actual usage March 21 through November 20) shall not exceed one hundred and fifty percent (150 %) of the average charge for sewer usage for the bills issued in February and April (actual usage November 21 through March 20). The purpose for this sewer cap is to provide consideration for lawn and garden sprinkling and other related outside water usage, which does not flow into the sanitary sewer system. 4) The sewer rates for sanitary sewer system users not connected to the Municipal water system shall be determined annually by the City Council and set forth in the Official City Fee Schedule 11. City Code Title 7, Section 705, Subsection 705.902 is hereby deleted in its entirety and replaced with the following: 705.902 Billing and Delinquency Water and sanitary sewer accounts become active as soon as a meter is picked up from the City and the City may begin billing immediately. Utilities, including water, sanitary sewer, storm water, and any other utility services billable by the City, shall be billed in the form and at intervals determined by the City. All charges shall be delinquent if they are unpaid by the bill due date. Each bill not paid by the due date shall be charged a late payment penalty of 1.5% per month until paid or until certified to taxes. Utility charges are a lien against the property, and the property owner remains responsible, at all times, for the payment of the charges in a timely manner. 12. City Code Title 7, Section 705, Subsection 705.1004 is hereby deleted in its entirety. 13. City Code Title 7, Section 705, Subsection 705.1400, provision 701.1401 is hereby renumbered as provision 705.1401. 14. City Code Title 7, Section 705, Subsection 705.2005 is hereby deleted in its entirety. 15. City Code Title 7, Section 705, Subsection 705.2200 is hereby renumbered as Subsection 705.2300 and a new Subsection 705.2200 is inserted to read as follows: 705.2200 Discontinuance and Certification. 705.2201 Discontinuance. (1) Water service may be shut off or discontinued whenever it is found that: a) The owner or occupant of the premises served or any person working on any connection for the premises served with the municipal utility systems has violated any requirement of the City Code relative thereto, or any connection therewith; Page 4 of 7 b) Any charge for a municipal utility service or any other financial obligation imposed on the present owner or occupant of the premises served is unpaid after due notice thereof; c) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor; d) There is a health or safety concern related to the water or sanitary sewer systems; or e) The owner or occupant of the premises served by the City's municipal sanitary sewer system fails (a) within 10 days after written request by the City to the owner or occupant, to provide a time, within 30 days of the written request, to permit entry into the premises by the City, its employees or contractors, during normal working hours, for the purpose of repairing, replacing, modifying or equipping the premises with sanitary sewer system equipment, or (b) to permit entry into the premises by the City, its employees or contractors to repair, replace, modify or equip the sanitary sewer system equipment. (2) Water service shall be shut off at the stop box. The City shall give the occupant of the premises written notice, delivered by mail, stating the reason for the shut -off, the required cure, and that if the cure is not completed before a day stated in the notice, but not less than five days after the date on which the notice is given, the water to the premises will be shut off. If water service is terminated by the City for any reason, a water shut -off charge as identified in the Official City Fee Schedule will be charged for turning on said water service. 705.2202 Certification with Taxes All charges and payments provided for herein are the primary responsibility of the owner of the premises served and all such charges and payments shall be a lien upon the property. Delinquent charges including late payment penalties, shall be certified to the County Auditor to be paid with property taxes. The Finance Director shall determine the certification amounts for each property, including the applicable interest rate as set forth in the Special Assessment Policy, and the delinquent assessment administrative charge set by the Official City Fee Schedule. The owner of the property shall be given written notice stating the amount due, the date by which payment must be made to avoid certification, the time, date, and location of the hearing where the City Council will consider certification, and the interest rate on the certification. The amounts shall be certified to the County Auditor for collection, in accordance with M.S. § 444.075, as it may be amended from time to time, along with property taxes. 16. City Code Title 7, Section 705, newly renumbered Subsection 705.2300 is hereby deleted and replaced with the following: 705.2300: PENALTY: Any person violating any provision of this Section shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in accordance with the penalties established by Minnesota Statute Section 609.02 as may be amended. A separate offense shall be deemed committed Page 5 of 7 for each day the violation shall continue. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. 17. City Code Title 7, Section 707, Subsection 707.302 (1) is hereby deleted in its entirety and replaced with the following: (1) The SFR rate shall be determined annually by the City Council and set forth as the storm water charge on the Official City Fee Schedule. 18. City Code Title 7, Section 707, Subsection 707.600 is hereby deleted in its entirety and replaced with the following: 707.600: BILLING AND DELINQUENCY: Utilities, including water, sanitary sewer, storm water, and any other utility services billable by the City, shall be billed in the form and at intervals determined by the City. All charges shall be delinquent if they are unpaid by the bill due date. Each bill not paid by the due date shall be charged a late payment penalty of 1.5% per month until paid or until certified to taxes. Utility charges are a lien against the property, and the property owner remains responsible, at all times, for the payment of the charges in a timely manner. 19. City Code Title 7, Section 707, Subsection 707.700 is hereby deleted in its entirety and the remaining Subsections are renumbered accordingly. 20. City Code Title 7, Section 707, newly renumbered Subsection 707.700 is hereby deleted in its entirety and replaced with the following: 707.700: CERTIFICATION WITH TAXES. All charges and payments provided for herein are the primary responsibility of the owner of the premises served and all such charges and payments shall be a lien upon the property. Delinquent charges including late payment penalties, shall be certified to the County Auditor to be paid with property taxes. The Finance Director shall determine the certification amounts for each property, including the applicable interest rate as set forth in the Special Assessment Policy, and the delinquent assessment administrative charge set by the Official City Fee Schedule. The owner of the property shall be given written notice stating the amount due, the date by which payment must be made to avoid certification, the time, date, and location of the hearing where the City Council will consider certification, and the interest rate on the certification. The amounts shall be certified to the County Auditor for collection, in accordance with M.S. § 444.075, as it may be amended from time to time, along with property taxes. 21. City Code Title 7, Section 707, newly renumbered Subsection 707.900 is hereby deleted in its entirety and replaced with the following: 707.900: PENALTY: Any person violating any provision of this Section shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in Page 6 of 7 accordance with the penalties established by Minnesota Statute Section 609.02 as may be amended. A separate offense shall be deemed committed for each day the violation shall continue. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. 22. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 27th Day of January, 2014. ATTEST: Fran B I s, City Manager K nneth L. Hedberg', Published in the Prior Lake American on the 1St day of February, 2014. Page 7 of 7