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RELEVANT LINKS: <br /> <br />League of Minnesota Cities Information Memo: 6/22/2016 <br />Securing Payment of Utility Charges Page 23 <br /> <br /> • Due process requirements are met prior to certification. <br />• A manufactured home park owner can recover possession of the land, <br />or lot, if the tenant fails to pay utility charges after written notification. <br /> However, manufactured home parks differ from one another in their legal <br />structure and status. Therefore, cities should consult with the city attorney <br />for specific legal advice before certifying unpaid utility charges to the <br />property owner of a manufactured home park. <br /> 2. Advantages of certifying unpaid charges <br /> There are advantages to certifying delinquent water and sewer charges as <br />opposed to shutting off the water for nonpayment, including: <br /> • Concerns about shutting off water services in cold weather are <br />eliminated. <br />• The municipal utility does not have to investigate the residence or unit <br />to determine if it is occupied. <br />• A municipal utility is protected if the property with delinquent utility <br />charges is sold after the delinquent charges are certified. <br />• Confusion is alleviated when joint owners of property disagree as to <br />who is responsible for utility charges (for example, in divorce <br />proceedings). The unpaid charges simply attach to the property and <br />must be paid as property taxes are paid. <br />• Certified delinquent charges take priority over other unsecured <br />creditors if a consumer later files for bankruptcy. <br />• Certification prevents large delinquent bills carrying over from year to <br />year. <br />• Once delinquent bills are certified, staff time spent trying to collect <br />payment is eliminated. <br />• Certified charges survive the tax forfeiture process and eventually the <br />city will receive payment. <br />• Shutting off water may damage older infrastructure. <br /> <br />See Section XV, Bankruptcy <br />proceedings. <br />Not all delinquent sewer and water charges can be certified. If a property is <br />sold before unpaid charges are certified to the county auditor, the city may <br />not be able to certify the charges against the new owner. This is not a <br />settled area of law in Minnesota, and cities should consult their attorney for <br />specific legal advice on this point. Delinquent charges may not be certified <br />for some time after a consumer files for bankruptcy protection.