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RELEVANT LINKS: <br /> <br />League of Minnesota Cities Information Memo: 6/22/2016 <br />Securing Payment of Utility Charges Page 24 <br /> <br /> E. Certification of municipal gas and electric <br />charges <br />A.G. Op. 624-D-5 (July 6, <br />1953). Unlike municipal water and sewer utilities, municipal gas and electric <br />utilities do not have specific statutory authority to certify delinquent <br />charges to taxes. Thus, in 1953, the Minnesota Attorney General’s Office <br />stated that, in a statutory city, an electric or gas utility could not certify <br />delinquent charges to taxes. <br />Minn. Stat. § 366.012. <br />Minn. Stat. § 415.01. <br />Great Western Industrial <br />Park, LLC,Relator, vs. <br />Randolph Township, (Minn. <br />Ct. App. 2014). <br />There is some disagreement with this position since, in 1989, a law was <br />passed giving towns the authority to certify unpaid service charges to the <br />county auditor to be collected with taxes. In addition, a 1973 law, amended <br />in 2003, states cities have all the powers afforded to towns. Combining <br />these two laws may allow a municipal gas or electric utility to pass an <br />ordinance that may allow a city to certify delinquent charges to the county <br />auditor to be collected with taxes if the property owner, or the owner’s <br />agent, contracts for the utility service. <br /> <br />Minn. Stat. § 325E.025, <br />subd. 2. <br />According to state law, municipal gas or electric utilities cannot collect or <br />attempt to collect a tenant’s unpaid gas or electric charges from a landlord <br />or property owner—unless the property owner or the owner’s agent <br />contracts for the utility service. “Property owner” includes a manufactured <br />home park owner. <br />See also, Minn. Stat. § <br />514.67. Certification of unpaid electric or gas charges is not settled law. Consult <br />the city attorney for specific legal advice and appropriate procedures as <br />you draft your ordinance and before deciding to certify a tenant’s unpaid <br />gas or electric charges to a landlord’s or a property owner’s taxes to be <br />collected as other property taxes are collected. <br /> F. Shutting off utility service due to nonpayment <br />State ex rel. Latshaw v. <br />Board of Water & Light <br />Com’rs of Duluth, 117 N.W. <br />827 (Minn. 1908). <br />A.G. Op, 624-D-5 (June 17, <br />1957). <br />Memphis Light, Gas and <br />Water Division, et al., v. <br />Craft, 436 U.S. 1 <br />(U.S.1978). <br />See LMC sample notice sent <br />before shutting off water. <br />Generally, municipal utilities have the right to shut off water, electricity, or <br />gas if a consumer fails to pay reasonable charges or fails to comply with <br />reasonable regulations as stated in the local ordinance. Again, a municipal <br />utility must provide reasonable notice of a pending shut-off and tell the <br />customer of their right to protest the shut-off as unjustified. If a customer <br />appeals a pending shut-off using the appropriate appeal process, a city <br />must not shut off service while the appeal is pending.