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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/22/2016 Securing Payment of Utility Charges Page 32 In addition, a city may request daily updates after Nov. 1, 2008. Cities that receive the disconnection information must share it with the local police and fire departments. All such data is private, according to state law. If cities choose to shut off water or some other utility to a vacant or abandoned residence, the local ordinance should contain authority to do so and information on the process. A. Municipal water and sewer utilities Minn. Stat. § 444.075, subd. 3 (e). A.G. Op. 387g-7 (April 28, 1965). While analysis of foreclosure law is beyond the scope of this memo, the best way for a city water and sewer utility to recoup unpaid charges from properties in foreclosure is to certify unpaid charges as soon and as often as possible. (Remember, the local ordinance must articulate certification procedures.) While county auditors may only “spread” the unpaid water and sewer charges once a year “to be collected as other taxes are collected,” cities may certify the charges at multiple times throughout the year. Once unpaid water and sewer charges are certified to the county, they are a valid lien against the property. When a foreclosed property eventually sells, the unpaid charges must be paid. Minn. Stat. ch. 580 - 582. Minn. Stat. § 580.042. In Minnesota, most foreclosure proceedings are done by advertisement and typically take at least a year. During these lengthy foreclosure proceedings, the defaulting owner of the property is responsible for utility charges (not the bank or mortgage holder). In rental situations, where a building with tenants enters foreclosure proceedings, utilities must be paid pursuant to the lease agreement between the tenant and the landlord. Even at the late stages of a foreclosure, when a property is sold at a sheriff’s sale, the defaulting owner has six months to redeem the property. During all this time, the defaulting owner is responsible for delinquent utility charges—but is not likely to pay them. See Section IX-A, Due Process. Unlike bankruptcy proceedings, there is nothing to prevent a city from certifying unpaid water and sewer charges after a few months of non- payment, as long as due process procedures are provided the property owner and the local ordinance explains certification. B. Municipal gas and electric See Section XI-H, Minnesota Cold Weather Rule; see also, Section XI- D: Certification of municipal gas and electric charges. Municipal gas and electric utilities may have to use other methods to address nonpayment due to foreclosures. Shutting off the electricity or gas to properties in foreclosure proceedings is an option—as long as it complies with due process, the cold weather rule, and the local ordinance, as discussed previously.