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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: 2 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 3