Dover Minnesota

Founded in 1854, Incorporated in 1908
Facebook
Beach sunset
 

Ordinance Adopted for Water/Sewer Accounts- Effective 1/1/2020

 

ORDINANCE NO. 01-2019

 

AN ORDINANCE ESTABLISHING CITY WATER AND SEWER ACCOUNTS, RATES AND PROVIDING FOR COLLECTION OF DELINQUENT ACCOUNTS

The City Council of Dover, Minnesota ordains:

SECTION 1. DEFINITIONS

For the purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:

1.1       Account. A record of utility services used by each property and the periodic costs for those utility services.

1.2       City. The City of Dover County of Olmsted, State of Minnesota.

1.3       City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer and water service.

1.4       Utility Rate Schedule. A schedule of all utility rates and charges set by ordinance of the City.

Effective January 1, 2022 the Water and Sewer Rates:

            Water                          Sewer

1st 1,000 Gallons                                 $10.75                         $22.75

Each 1,000 Gallons

Thereafter                                            $5.00                           $7.50

Bulk water                                          $12.00/ thousand gallons

 ADDITIONAL CHARGES:

  • Residents that leave for the winter or have no water usage in a month- charge $10 per month handling fee
  • Irrigation meters charged $10 per month.
  • When appropriate, to shut off and turn on water main from street- charge $50.
  • When owner requests to replace a water meter or requests an irrigation meter he/she must pay for the water meter and radio cost along with a $50 startup fee and must, meet the city standards for installing.

Penalties. A late payment penalty of $5.00 for the first month of being delinquent will be assessed and added to the account. If the account becomes delinquent for two months or more then a 10% penalty of the account balance will be added each month thereafter.

1.5       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.

SECTION 2. 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.

SECTION 3. BILLING.

Water, sewer, monthly charges shall be billed on one bill as applicable to each account. All charges for water, sewer, for each month shall be due upon receipt and considered delinquent after the fifteenth day of the following month. All bills shall contain the title, location and telephone number of the official in charge of billing; the title, location and phone number shall be clearly visible and easily readable. Bills shall be mailed to the customers on or before the fifth day of each month of each year and specify the water consumed and the sewer and water charges in accordance with the current fee schedule set by the City council.

SECTION 4. UTILITY RATE SCHEDULE.

4.1       The utility rate schedule shall remain the same unless the Dover City Council adopts a change in the rate structure, the Council shall review the rates each year.

4.2       At least one certification cycle will be timed each year to coincide with Olmsted 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 including in a preliminary certification list.

SECTION 5. DELINQUENT ACCOUNTS.

5.1       Penalties. A late payment penalty of $5.00 for the first month of being delinquent will be assessed and added to the account. If the account becomes delinquent for two months or more then a 10% penalty of the account balance will be added each month thereafter.

5.2       Shut-off for nonpayment. Water shall not be shut-off until notice and an opportunity to appear before the city council or an employee designated by the city council have provided to the occupant and owner of the premises involved.

5.2.1 If any bill is not fully paid within a three month period and the current amount due is over $250, a letter may be mailed by first class mail and shall state that if payment is not made in full within 14 days of the mailing of the letter, water service to the premises may be shut off for nonpayment.

5.2.2 The letter and shut-off notice contain the title, address and telephone number of the official in charge of billing; the title, address and phone number shall be clearly visible and easily readable.

5.2.3 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.

5.2.4 If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete.

5.2.5 If a customer fails to pay and fails to request a hearing under this part, service may be shut off at the time specified in the notice but not until the charges have been due and unpaid for at least 30 days.

5.3       Certification for collection with taxes. Unpaid charges on sewer and water accounts 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. A notice shall be sent in November by first class mail and shall state that if full payment is not made before December 31st of the current year, 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 attend the regular scheduled Dover Council meeting in December, to have a hearing on the matter to object to certification of unpaid utility charges if they so choose too.

In addition to any penalties provided for in this ordinance if any person, firm or corporation fails to comply with any provision or this ordinance, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to procure payment.

5.5       Hearing required. A hearing shall be held on the matter by the City Council at the December Council meeting. 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.

5.6       Hearing options. For each certification sustained, the property owner shall have the following options after the hearing,

5.6.1 To pay the certified delinquent amount after the hearing date, but before the county certification deadline of December 31st of the current year, with interest or penalty at the rate set in the adopted rate schedule.

5.6.2 To pay the certified charges as billed to them by Olmsted County on their property tax statement with a collection term of one year.

SECTION 6. OTHER REMEDIES

In addition to any procedures or penalties provided for this ordinance if any person, firm or corporation fails to comply with any provision of this ordinance, the council or any city official designated by it may institute appropriate proceedings at law or at equity to procure payment and or enforce the provisions of this ordinance.

This ordinance shall be effective upon summary publication.

Effective date January 1, 2020.