[HISTORY: Adopted by the City Council of
the City of Fairfax 9-7-1993; amended 12-2-2003. Subsequent amendments noted where applicable.]
A.
Deposits:
(1)
Application for utility service shall be made to the
City Clerk-Treasurer. All accounts carried in the name of the property
owner shall be liable for utilities supplied to the property and any
charges unpaid shall be certified to the County Auditor for collection
with taxes.
(2)
The following deposits are required by residences
that are not owner-occupied. The tenant that leases the property is
required to pay the following deposits:
(3)
These deposits must be made prior to moving into residences.
At the time of filing for application for utility service the tenant
must provide a referral letter disclosing credit information from
last utility company. If credit reference is poor or no credit reference
is available, the City Clerk-Treasurer shall be authorized to double
deposit. One-half of the deposit may be refunded after 12 consecutive
months of prompt payment.
(4)
All deposits are refunded upon termination of service
with all bills paid.
B.
Guarantees:
(1)
In cases where the owner requests the connection of
the premises to the utilities, the obligation rests on the owner for
all unpaid charges. It permits placing the obligation for all utility
services upon the owner and provides for collection of unpaid bills
with taxes.
(2)
It is the responsibility of the landlord to inform
the tenants of the required meter deposit and make sure the tenants
pay deposit before taking residency.
(3)
It is the responsibility of the landlord to inform
the City Clerk-Treasurer of tenants moving out. Failure to inform
Clerk-Treasurer results in assuming responsibility for any unpaid
charges.
A.
Electric. The City shall furnish all secondary or
service wiring and upon receiving a connection certificate from the
electrician, the City shall connect the service to the transformer
upon receipt of a $150 connection fee. In cases of new construction,
all services shall be underground.
B.
Water. No connection shall be made to the City water
system without a permit received from the Clerk-Treasurer. The fee
for each such permit shall be $400 for a water main connection permit.
The Superintendent of Utilities shall inspect the water connection
of the service pipe to the main.
C.
Sewer. No connection shall be made to the City sanitary
sewer system without a permit received from the Clerk-Treasurer. The
fee for each such permit shall be $75. The Superintendent of Utilities
shall inspect the sanitary sewer service pipe to the main.
D.
Natural gas. No connection shall be made to the City
natural gas system without a permit received from the Clerk-Treasurer.
The fee for each such permit shall be $300. The Superintendent of
Utilities shall inspect the gas connection of the service pipe to
the main. Inspection and pressure test must be performed prior to
unlocking the meter for service. The City will furnish the meter and
the pipe from the main to the boulevard. The property owner shall
be responsible for the cost and installation of the pipe from the
boulevard to the building. Installation of gas service must be contracted
through the City and installed by a certified contractor.
A.
Should it be necessary to set a pole on private ground
to carry wires, permission having first been attained from the owner,
the Superintendent or designer, shall have the right to go on and
over said premise for the purpose of stringing wires, making repairs
or removing such wires, poles on other property.
B.
The City shall obtain a utility easement in cases
where utilities; electric, water, storm sewer, and sanitary sewer,
are installed across private property. The easement shall allow City
access on property for repairs and maintenance of lines.
A.
Electric meters.
(1)
Electric meters and sockets shall be furnished by
the City. The City shall read the electric meters on or about the
30th of each month and on notice of final reading dates. The meters
shall be the property of the City and may be removed or replaced as
deemed necessary. All meters shall be kept closed with a seal, and
such seal shall not be broken except by the Superintendent or under
his direction.
(2)
A utility customer who desires to install underground
service where overhead exists shall pay the difference of cost between
the overhead and underground wire. In the event additional wire is
required due to remodeling projects, the property owner shall be responsible
for the entire cost of the wire. In all cases the property owner is
responsible for the trenching costs and electrician fees.
B.
Water meters.
(1)
Water meters shall be the property of the City and
may be removed or replaced as deemed necessary. Water meters shall
be read the first week in April, the first week in October and on
notice of final reading dates. Authorized meter readers shall have
free access to every building during reasonable hours of the day to
read meters.
(2)
The property owner shall be responsible for maintaining
the service pipe from the curb box into the building served. If he/she
fails to repair any leak in such service pipe within 24 hours after
notice by the City, the City may turn the water off.
C.
Gas meters. Gas meters shall be the property of the
City and may be removed or replaced as deemed necessary. Gas meters
shall be read on or about the 30th of each month and on notice of
final reading dates. Authorized meter readers shall have free access
to every building during reasonable hours of the day to read meters.
Any person who deliberately commits, authorizes,
attempts, solicits, aids, or abets meter bypassing, tampering, unauthorized
connection or unauthorized metering that results in damages to the
utility; or against a person who knowingly receives the service as
a result of these specific activities; the specific remedy provides
that the utility can recover double the costs of the service provided,
plus the costs and expenses of investigation and related services,
reconnections or disconnections by its employees, plus the trial costs
and witness fees.
A.
A statement for utility charge shall be mailed to
each customer within 10 days following the dates of service in which
municipal utility service is provided. All utility bills shall be
due and payable on the 25th of the month for which the bill is dated,
and shall be paid to the City of Fairfax, and if such bill is not
paid before the 25th day of the month for which the bill is dated,
then it shall be the duty of the Clerk-Treasurer to notify the customer
of disconnection and the right to a hearing before the Council. If
the 25th of the month falls on an observed holiday or weekend, the
due date is the first business day following the holiday or weekend.
[Amended 3-14-2023 by Ord. No. 436]
B.
It shall be the right of the City to bill consumption
of electric or water usage based on an estimate if the meter has stopped
or can not be read. The estimate will be based on an average consumption
of the service for the two previous billings.
Utility customers have the opportunity to sign
up for budget billing plan at any time. Budget billing monthly payment
is determined by averaging the previous 12 months or if billings number
less than 12 the average will be taken from the number of billings
to date. If budget billing amount is not commensurate with the consumption
due to changes at residence, the City Clerk-Treasurer will review
account with customer and revise budget amount.
A.
The garbage collection charge for residential accounts
shall be based on single and family households. The rate will be set
by Council resolution. The garbage collection fee shall be terminated
upon six months of the household being vacant. This policy excludes
residents that are gone for the winter months.
B.
The garbage collection for commercial accounts will
be billed by the contractor.
Utility rates shall be as set by resolution
by the City Council.
A.
Penalties.
(1)
Statements for utility charges shall be mailed to
each customer within 10 days following the dates of service noted
in the statement and on final billing dates. If payment is not made
by the due date, there shall be a 10% penalty on the delinquent balance
added to the amount due.
[Amended 3-14-2023 by Ord. No. 436]
(2)
Penalties will not be applied to accounts with payment
plans that are current or if forgiveness of penalty is approved by
the City Clerk-Treasurer.
B.
Disconnections. Disconnection of utility service shall
occur when an account is 10 days past due. The billing statement will
include a notice of disconnection stating if the bill is not paid
by the 20th of the month the service is subject to and will be disconnected
on 10 days' written notice unless arrangements are made to continue
service. The ten-day notice will allow the customer to pay account
up in full or set up an acceptable payment plan approved by the City
Clerk-Treasurer. The Clerk-Treasurer shall not disconnect if the customer
disputes the bill and desires a hearing before the Council. If payment
is not received or an acceptable payment plan is not set up or no
hearing is desired, the Clerk-Treasurer shall notify the Superintendent
of Utilities whose duty it shall be to disconnect.
C.
Reconnections. The City shall reinstate service upon payment of the
delinquent bill or acceptable partial payment with an acceptable written
payment plan plus a reconnection fee of $100. If service is reinstated
outside of 8:00 a.m. to 3:00 p.m., Monday through Friday, the reconnection
fee is $150. In cases where utility service is disconnected for a
period of time upon customer request, there shall be a reconnection
fee of $100. If payment for reconnection does not occur within 14
calendar days of the date of disconnection, the account will be closed
and a final bill issued. Any currently held deposit will then be applied
to the outstanding balance on the final bill. The City reserves the
right to require a passing electrical inspection by a Minnesota-licensed
electrical inspector prior to the reconnection of services if the
City determines that a reconnection may compromise the health, safety
or welfare of the public, electrical workers, or the occupants of
the structure to which the service is being provided.
[Added 3-14-2023 by Ord. No. 436]
D.
Failure to pay final bill. Failure to pay the final bill or arrange
an acceptable payment plan by the due date of the final notice will
result in the unpaid balance being certified to the Renville County
Auditor and/or referred to a collection agency. The City reserves
the right to pursue collections of unpaid utility bills using any
and all legal means.
[Added 3-14-2023 by Ord. No. 436]
Annual notice to all residential customers.
The cold weather rule must be made to all residential customers of
the utility between August 15 and October 15 of each year. The purpose
of this notice is to comply with the Minnesota cold weather rule adopted
by the state Legislature in 1991 (Attachment A[1]).
A.
City of Fairfax will not disconnect the utility service
of a residential customer if the disconnection affects the primary
heat source for the residential unit when the following conditions
are met:
(1)
The disconnection would occur during the period between
October 15 and April 15.
(2)
The customer is receiving any form of public assistance
or energy assistance.
(3)
The customer has declared inability to pay on forms
provided by the utility.
(4)
The household income of the customer is less than
50% of the state median income level, as documented by the customer
to the utility. To determine eligibility under income guidelines,
customer must present to the utility office:
(a)
The most recent income tax return filed by members
of the customer's household;
(b)
For each employed member of the customer's household,
either paycheck stubs for the last two months or a written statement
from the employer of wages earned during the preceding two months;
(c)
Documentation of unemployment; or
(d)
Other documentation which supports the customer's
declaration of inability to pay; and
(5)
The customer's account is current for the billing
period immediately prior to October 15 or the customer has entered
into a payment schedule and is reasonably current with payments under
the schedule.
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The City of Fairfax will notify all residential
customers of the provision of the above five points.
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B.
Before disconnecting service to a residential customer
during the period between October 15 and April 15, the City of Fairfax
will provide the following information to a customer:
C.
Restrictions if disconnection is necessary.
(1)
If a residential customer must be involuntarily disconnected between October 15 and April 15 for failure to comply with the provisions of Subsection A, the disconnection must not occur on a Friday or on the day before a holiday. Further, the disconnection must not occur until at least 10 days after the notice has been mailed to the customer.
(2)
If the customer does not respond to a disconnection
notice the customer must not be disconnected until the utility investigates
whether the residential unit is actually occupied. If the unit is
found to be occupied, the utility must immediately inform the occupant
of the provisions of this section. If the unit is unoccupied, the
utility must give seven days written notice of the proposed disconnection
to the local energy assistance provider before making a disconnection.
(3)
If prior to the disconnection a customer appeals a
notice of involuntary disconnection as provided by the City of Fairfax
established appeal procedure, the utility must not disconnect until
the appeal is resolved.
D.
Appeals.
(1)
A customer who disputes the utility's intention to
disconnect cannot be disconnected until the utility hears the customers
appeal. If the customer desires such a hearing, the hearing will be
scheduled for the next regular Council meeting of the City Council.
(2)
Upon the finding by the City Council that a customer
has established his or her inability to pay, the City Council may
require the customer to enter into a payment agreement. A customer
failing to comply with the payment agreement may upon 10 days notice
by the City be subject to the provisions of utility service disconnect
policy.
E.
Inspections. Authorized personnel shall have free
access at reasonable hours of the day to all parts of every building
and premises connected with the City water and sanitary sewer service.
F.
Reconnection. The utility shall reinstate service
upon payment of delinquent bill or partial payment with acceptable
payment plan plus a reconnection charge of $25. If service is reinstated
after regular business hours, the fee will be $50. In cases where
utility service is disconnected for a period of time upon request,
there shall be a reconnection charge of $25.
G.
Work orders. Any discharge of water prohibited by Chapter 253, Water and Sewers, Art. I, shall be corrected by the property owner. The City shall cost share based on Chapter 253, Water and Sewers, Art. I, on corrections when the owner has obtained prior approval of the nature of work and the Superintendent of Utilities has issued a work order.
H.
Provision for collection with taxes. Delinquent utility
accounts may be certified to the County Auditor. The City Clerk-Treasurer
shall prepare an assessment roll each year providing for assessment
of the delinquent amounts against the respective properties served.
The assessments shall be submitted to the City Council and approved.
Upon such approval, the Clerk-Treasurer shall certify the assessment
roll to the County Auditor for collection along with taxes.
[1]
Editor's Note: Attachment A is located at
the end of this chapter.
[Added 3-14-2023 by Ord. No. 436]
A.
Customers
that are unable to pay their utility bills by the due date are encouraged
to contact the City office to arrange and sign a mutually agreed-upon
payment plan, which has a goal of bringing a utility account current
in a timely manner. The City has the right to reject a proposed payment
plan if it is determined not to achieve the goal of bringing a customer's
utility account current. All payment plans must be in writing, signed
by the utility account holder, and approved by City staff to be valid.
B.
If a
customer fails to comply with any term and/or condition contained
within the signed payment plan, the customer shall be removed from
the payment plan and will be subject to disconnection of utility service.
The City reserves the right to deny all future payment plans to any
customer that fails to comply with a valid payment plan.
