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HomeMy WebLinkAbout2009-15 Amending SEction 1100 and 1110 ORDINANCE NO. 2009-15 AN ORDINANCE AMENDING THE EDINA CITY CODE SUBSECTIONS 1100 AND 1110 UTILITY FEE CALCULATION METHODOLOGY THE CITY OF EDINA ORDAINS: Section 1. Subsections 1100.04, Subd. 6 V; 1100.05, Subds. 1 through 6; 1110.03, Subd. 2; and 1110.04, Subd. 1; 1110.06 of the Edina City Code are amended to provide as follows: 1100.04 Meters; Meter Reading; Billing; Payment. Subd. 6 ACH Payment Discount. The City may offer a quarterly discount for accounts that are paid with ACH. Subd. 7 Payment, Loss of Discount, Penalties. All bills shall be payable at the City Hall on the due date which is thirty days after the bills are mailed. Bills not so paid lose any discount offered, and the full amount of the bill shall be payable. Bills not paid by the due date shall be charged a late payment penalty of 5% per quarterly billing until paid or until certified to taxes. 1100.05 Delinquent Accounts, Collection, Termination of Service. Subd. 1 Non-Emergency Termination of Service. If the City wishes to terminate service for any reason other than emergency, the city staff shall seek specific authority from the City Council to initiate the termination process. Staff shall prepare a list of accounts to be terminated as well as the reasons for each termination. Subd.2 Notice. Once the City Council has granted authority to initiate the non-emergency termination process, the City shall issue a notice to the person whose name appears on the City's records as being responsible for the account. A copy of the notice shall also be sent to the owner or manager of the property if different than the account holder. The name and address of the owner shall be determined from records maintained by the Assessor or other appropriate records in the City. The notice shall state that: A. The City intends to terminate water service (if the property is served by City water); B. The reason for the proposed termination of service; C. The City may certify the delinquent charges to the County for collection in accordance with Subd. 5 of this Subsection; D. The City may seek collection of the delinquent charges by any other remedies; and E. The time period provided prior to termination of the water service and prior to certification with the County or before other collection remedies are begun, for (i) paying the delinquent bill, (ii) requesting an opportunity to discuss the delinquent bill with a City employee designated by the Manager and identified in the notice, (iii) requesting a hearing pursuant to Ordinance No. 2009-15 Page 2 Subd. 3 of this Subsection. The time period provided in the notice shall be not less than ten days after the date of the notice. Subd.3 Hearing. If the notice given in accordance with Subd. 2 of this Subsection provides for the termination of the water service, the person who is responsible for the delinquent account may file a written appeal with the Clerk. The appeal must be filed within ten days of the date of said notice. All appeals under this Subdivision shall be heard by the Council. The hearing shall be held not later than 30 days after receipt of the appeal. A notice of the date, time, place and purpose of the hearing by the Council shall be mailed not less than ten days prior to the hearing to the person who filed the appeal. No action shall be taken by the City to terminate the service, certify to the County for collection, or exercise other remedies until the appeal is decided by the Council. After hearing the oral and written views of the person filing the appeal, other interested persons and City staff, the Council shall make its decision at the same meeting or at a specified future meeting. Subd.4 Termination of Water Service. The City may proceed to terminate the water service if: A. Payment is not received within the time period provided in the notice and no appeal is received within ten days of the date of the notice; or B. An appeal is received within ten days of the date of the notice, and the Council orders termination of the water service following a hearing held pursuant to Subd. 3 of this Subsection; or C. No appeal is received but a request to discuss the delinquent bill is received and a resolution of the delinquent bill is not reached after discussions between the person responsible for the bill and the designated City employee identified in the notice. Subd.5 Certification of Delinquent Accounts. If payment is not received within the time period provided in the notice, or if a resolution of the delinquent bill is not reached, the City may certify the delinquent balance to the County Auditor with taxes against the property served, for collection as other taxes are collected. Such certification shall not preclude the City or its agent from recovery of the delinquent bill using any other available remedy. Subd.6 Termination of Service for Two or More Properties. The City may terminate water service in accordance with this Subsection even if such termination will affect property in addition to that owned or occupied by the person responsible for the account. A copy of the notice required by Subd. 2of this Subsection shall be sent to the owner of such property that would be affected by the termination of a water service and said owner shall have the same right to appeal to the Council and to discuss the bill with the identified City employee as does the person responsible for the account. 1110.03 Storm Water Drainage Charges. Ordinance No. 2009-15 Page 3 Subd. 2 Single Dwelling Unit and Double Dwelling Unit Lots. The storm water drainage charges for lots occupied by single dwelling unit and double dwelling unit buildings shall be as set forth in Section 185 of this Code. 1110.04 REF Subd. 1 REF Established. The REF for each land use is as follows: Single and Double Family 1.00 Residential uses except single dwelling unit and double 8.0 dwelling unit buildings Commercial/Institutional 13.5 Schools in the R-1 District pursuant to Section 850 of this 3.0 Code Churches 8.0 Parks .75 Golf courses .75 Cemeteries .75 Industrial 13.5 Hospital 12.0 1110.06 Exemptions. The following land uses are exempt from storm water drainage fees. A. Public rights-of-way. B. Vacant, unimproved land. C. City parks, except City-owned golf courses. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: December 15, 2009 Second Reading: January 5, 2010 Published: April 1, 2010 Attest ebra A. Mangen, bty'berlO James B. Hovland, Mayor City Of Edinathe owner of such property that would be affected by the termination of a water service and said owner shall have (Official Publication) the same right to appeal to the Council and to discuss the bill with the identified City employee as does the person ORDINANCE NO.2009-15 responsible for the account. AN ORDINANCE AMENDING THE EDINA CITY CODE 1110.03 Storm Water Drainage Charges. -` SUBSECTIONS 1100 AND 1110 UTILITY FEE Subd.2 Single Dwelling Unit and Double Dwelling Unit = CALCULATION METHODOLOGY Lots.The storm water drainage charges for lots occupied newspapers THE CITY OF EDINA ORDAINS: shall be as setliforth in Sect onu185 of this unit anle Code unit buildings 1110.04 REF AFFIDAVIT OF PUBLICATION Section 1. Subsections 1100.04, Subd. 6 &7; Subd.1 REF Established.The REF for each land use is 1100.05, Subds. 1 through 6; 1110.03, Subd.2; and as follows: 1110.04, Subd. 1; 1110.06 of the Edina City Code are Single and Double Family1.00 STATE OF MINNESOTA ) amended to provide as follows: Residential uses except single dwelling unit and double 1100.04 Meters;Meter Reading;Billing;Payment. dwelling unit buildings 8.0 SS. Subd.6 ACH Payment Discount. The City may Commercial/Institutional 13.5 COUNTY OF HENNEPIN ) offer a quarterly discount for accounts that are paid with Schools in the R-1 District pursuant to Section 850 of ACH. this Code 3.0 Richard Hendrickson, being duly sworn on Subd.7 Payment,Loss of Discount,Penalties. All Churches 8.0 an oath,states or affirms that he is the Chief bills shall be payable at the City Hall on the due date which Parks.75 is thirty days after the bills are mailed. Bilis not so paid Golf courses .75 Financial Officer of the newspaper(s)known lose any discount offered,and the full amount of the bill Cemeteries .75 as shall be payable. Bilis not paid by the due date shall be Industrial 13.5 Edina Sun-Current charged a late payment penalty of 5%per quarterly billing Hospital 12.0 until paid or until certified to taxes. 1110.06 Exemptions.The following land uses are ex- 1100.05 Delinquent Accounts, Collection,Termination empt from storm water drainage fees. of Service. A.Public rights-of-way. Subd.1 Non-Emergency Termination of Service. If B.Vacant,unimproved land. and has full knowledge of the facts stated the City wishes to terminate service for any reason other C.City parks,except City-owned golf courses. than emergency,the city staff shall seek specific authori- Section 2. This ordinance is effective immediately below: ty from the City Council to initiate the termination process. upon its passage and publication. (A)The newspaper has complied with all of Staff shall prepare a list of accounts to be terminated as First Reading: December 15,2009 well as the reasons for each termination. Second Reading: January5,2010 the requirements constituting qualifica- Subd.2 Notice. Once the City Council has granted Published: April 1,2010 tion as a qualified newspaper as provid- authority to initiate the non-emergency termination process,the City shall issue a notice to the person whose Attest ed by Minn. Stat. §331A.02, §331A.07, name appears on the City's records as being responsible Debra A.Mangen,City Clerk, and other applicable laws as amended. for the account. James B.Hovland,Mayor A coof the notice shall also be sent the owner o (B)The printed public notice that is attached man ger of the property if different than the account holds (April 1,2010)d1-Ord2009-15 was published in said newspaper(s) er. The name and address of the owner shall be deter- once each week,for One SUCCBSSIVe mined from records maintained by the Assessor or other appropriate records in the City. The notice shall state week(s);it was first published on Thurs- that: day,the 1 day Of April A. The City intends to terminate water service(if the property is served by City water); 2010, and was thereafter printed and B. The reason for the proposed termination of service; published On every Thursday t0 and in- C. The City may certify the delinquent charges to the cluding Thursday, the day Of Subs Countfor y in accordance with Subd.5 of this 12010;and printed D. The City may seek collection of the delinquent charges by any other remedies;and below is a copy of the lower case alpha- E. The time period provided prior to termination of the bet from A to Z, both inclusive, Which is water service and prior to certification with the County or hereby acknowledged as being the size before other collection remedies are begun,for(i)paying y g g the delinquent bill,(ii)requesting an opportunity to discuss and kind of type used in the composition the delinquent bill with a City employee designated by the Manager and identified in the notice, (iii) requesting a and publication of the notice: hearing pursuant to Subd.3 of this Subsection. The time period provided in the notice shall be not less than ten c e ijklmnopgrstuvwxyz days after the date of the notice. Subd.3 Hearing. If the notice given in accordance with Subd.2 of this Subsection provides for the termina- tion of the water service,the person who is responsible for the delinquent account may file a written appeal with the ! / Clerk. The appeal must be filed within ten days of the date of said notice. All appeals under this Subdivision BY: shall be heard by the Council. The hearing shall be held not later than 30 days after receipt of the appeal. A no- CFO tice of the date,time,place and purpose of the hearing by the Council shall be mailed not less than ten days prior to the hearing to the person who filed the appeal. No action shall be taken by the City to terminate the service,certify Subscribed and sworn to or affirmed to the County for collection, or exercise other remedies until the appeal is decided by the Council. After hearing before me on this 1 day of the oral and written views of the person filing the appeal, April 2010. other interested persons and City staff,the Council shall make its decision at the same meeting or at a specified fu- ture meeting. J AG Termination Water Service. The City mayay pros proceed to terminate the water service if: A. Payment is not received within the time period pro- vided in the notice and no appeal is received within ten Notary Public days of the date of the notice;or B. An appeal is received within ten days of the date of the notice,and the Council orders termination of the water service following a hearing held pursuantto Subd.3 of this Subsection;or C. No appeal is received but a request to discuss the delinquent bill is received and a resolution of the delin- -' DIANE L ELIAS quent bill is not reached after discussions between the N person responsible for the bill and the designated City em- NOTARY PUBLIC- d in the notice. rAINNESOTA pIS bd.ee entifie5Certification of Delinquent Accounts. If ._• [Ay COMM.Expires Jap•31.2015 payment isnot received within the time period provided in the notice,or if a resolution of the delinquent bill is not reached,the City may certify the delinquent balance to the County Auditor with taxes against the property served,for collection as other taxes are collected. Such certification shall not preclude the City or its agent from recovery of the delinquent bill using any other available remedy. Subd.6 Termination of Service for Two or More Properties. The City may terminate water service in ac- cordance with this Subsection even if such termination will affect property in addition to that owned or occupied by the person responsible for the account. A copy of the no- tice required by Subd.2of this Subsection shall be sent to