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RELEVANT LINKS: <br /> <br />League of Minnesota Cities Information Memo: 6/22/2016 <br />Securing Payment of Utility Charges Page 27 <br /> <br /> Cities have the authority to pass an ordinance requiring that all residences <br />maintain a working and safe supply of potable water consistent with the <br />State Plumbing Code. Ordinances requiring installation of toilets and <br />connection of toilets to the public sewer system, and prohibiting the <br />maintenance of sanitary facilities not connected with the sewer system are <br />a valid exercise of the police power of the city council. <br />State ex rel. Latshaw v. <br />Board of Water & Light <br />Com’rs of Duluth, 117 N.W. <br />827 (Minn. 1908). <br />House Research Straight <br />Pipe Septic Systems. <br />Minn. R. 4714.0100 0(A)- <br />(C). <br />Minn. Stat. § 444.075, subd. <br />3e. <br />See Part XI-C, Due Process. <br />See Part XI-D, Certification <br />of delinquent water and <br />sewer charges. <br />Cities may certify unpaid water and sewer charges to be collected as other <br />taxes are collected. Rather than leaving residences without water for long <br />periods of time, or disconnecting sewer for any amount of time, posing <br />serious potential threats to public health, city ordinances may allow turning <br />the water back on after a number of days as determined by council and, <br />after providing notice and due process, certifying any unpaid charges and <br />reasonable fees to the county auditor to be collected with property taxes. <br />Properly executed certification almost guarantees payment (eventually) and <br />protects housing stock in the city by providing basic environmental <br />sanitation and safety through adequately maintained plumbing systems. <br /> H. Minnesota cold weather rule <br /> <br />Minn. Stat. § 216B.097. <br /> <br />Minn. Stat. § 216B.097, <br />subd. 4. <br />The Minnesota cold weather rule, applicable to municipal utilities, is an <br />important exception to keep in mind before shutting off water service <br />during the winter. The municipal rule states that no utility shall disconnect <br />and must reconnect utility service to a residential unit during cold weather <br />months (Oct. 15 through April 15), if that disconnection would in any way <br />affect the primary heat source of the unit, and the consumer complies with <br />the provisions of the rule. “Disconnection" includes a service or load <br />limiter or any device that limits or interrupts electric service in any way. <br />Minn. Stat. § 216B.096. <br /> <br /> <br />Minn. Stat. § 216B.097. <br />Questions remain as to whether this rule applies to municipal water <br />utilities. The 2007 changes in the law, effective Sept. 1, 2008, define <br />“utility heating service” as natural gas or electricity used as a primary <br />heating source, including electricity service necessary to operate gas <br />heating equipment, for the customer’s primary residence. The section of <br />the cold weather rule that pertains to municipal utilities discusses “utility <br />service,” but that term is not defined. The cautious approach, however, is <br />for any municipal utility to refrain from disconnecting a utility service <br />during the winter months if that disconnection could affect a customer’s <br />primary heat source. Consult the city attorney for specific legal advice on <br />the applicability of the cold weather rule to city water systems.