ITEM 4.2OtsegoF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
City Attorney
Andy McArthur
September 24, 2012
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Attorney
City Administrator Johnson
4.2 Ordinance 2012-12
AGENDA ITEM DETAILS
RECOMMENDATION:
Council approval of attached City Code revision regarding City utility billing and appeals.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
N/A
N/A
BACKGROUND/JUSTIFICATION:
Upon review of the City Code related to utility billing charges, language was still included in that
ordinance regarding a public hearing for assessment of utility charges onto the County tax rolls. There is
no statutory requirement for such a public hearing. Those provisions have been deleted or modified in
the ordinance amendment.
Additionally, a recent Minnesota Supreme Court case involving Washington County and the City of Oak
Park Heights emphasizes the need for a City appeal process for utility billing complaints. If such a
process is in place and followed by the City then the complainant cannot take any further action in the
District Court, since the only available remedy is appeal directly to the Court of Appeals where there is
great deference to local decisions. A modified version of the Oak Park appeals process has been inserted
in the attached ordinance amendment.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
• Ordinance No. 2012- 12
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to Approve Ordinance No. 2012-12 Amending The City Code of the City of Otsego Regarding
Water, Sanitary Sewer and Stormwater Use and Billing.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
N/A ❑ NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
ORDINANCE NO.: 2012-12
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF
OTSEGO REGARDING WATER, SANITARY SEWER AND
STORMWATER USE AND BILLING ORDINANCE
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY
ORDAIN:
Section 1. Section 6-2-5.F of the City Code is hereby amended to read as
follows:
F. Unpaid charges on sewer and water accounts shall be certified to the
Wright County Auditor without hearing and pursuant to Minn. Stat.
444.075, subd. 3,e with interest, penalties and any administrative charge as
determined by the City Council. The administrative charge shall be set
forth in the City of Otsego fee schedule which is duly adopted by
ordinance.
Section 2. Section 6-2-5.G of the City Code is hereby amended to read as
follows:
G. After adoption of the assessment roll by the City Council, the property
owner shall have the following options:
1. To pay the delinquent amount listed on the adopted assessment roll,
but without additional interest after adoption, within thirty (30) days
of the date of adoption.
2. To pay the certified charges as billed to them by Wright County on
their property tax statements with a collection term of one (1) year.
Section 3. Section 6-2-5.H of the City Code is hereby amended to read as
follows:
H. If the owner of a property feels that charges for utility accounts are
improperly charged the following process shall be used to appeal the
matter:
The property owner shall contact the Finance Department to
determine if City staff may handle the problem.
2. If the Finance Department cannot resolve the appeal, the property
owner shall communicate the appeal to the City Clerk in writing
including the account number and the nature of the problem and
shall include any documentation that the customer wants considered.
3. The City employee charged with appeals shall research account
usage from the past and make inquiries of the appealing property
owner.
4. The City employee charged with appeals shall propose a written
response to the appeal for approval by the City Administrator. The
response shall be sent to the property owner who shall signify
acceptance in writing.
5. If the property owner is not satisfied by the written response, the
property owner may appeal the matter in writing only to the City
within thirty (30) days after receipt of the City's written response.
The appeal will be considered by the City Council within thirty (30)
days after receipt of the written appeal. There will be no public
hearing on the matter, but the City Council will determine the appeal
based solely upon the consumer's submitted written appeal as well
as any response or information provided by City staff. The City
Council shall make the final determination on any appeal.
Section 4. Section 6-2-5.I of the City Code is hereby repealed in its entirety
with Section 6-2-5.1-1 renumbered accordingly.
Section 5. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
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ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 24h day of
September, 2012.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Lot",
Jessica L. Stockamp, Mayor
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