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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/22/2016 Securing Payment of Utility Charges Page 21 This may include setting up a payment plan agreeable to both the municipal utility and the consumer. The consumer may or may not choose to use this chance to discuss unpaid utility bills. Either way, the city is required to offer the opportunity. 3. Timing See Section XI-H, Minnesota Cold Weather Rule. Timelines are important in this two-step process. The law does not specify an exact number of days that must pass to give sufficient notice of pending city action. The cold weather rule provides a useful example of reasonable timelines. Notice is mailed to the customer at least 20 days before the utility takes action. If the municipal utility personally delivers the notice, a consumer is given 15 days before the city takes the planned action. 4. Referenced in local ordinance The due process steps, or notice and an opportunity to be heard, should be spelled out in the relevant city ordinance before a city shuts off service or certifies unpaid charges to the county auditor. Cities should consult with the city attorney as to the specific due process procedures to include in a city ordinance. D. Certification of delinquent municipal water and sewer charges Minn. Stat. § 444.075, subd. 3 (e). Municipal water utilities in statutory or charter cities can certify unpaid water and sewer charges to the county auditor for collection with taxes. A.G. Op. 59-A-36 (January 26, 1961). This can be done once a year or more often. Delinquent charges certified to the county auditor assume the same status as other taxes, even before the taxes are charged or “spread” against individual properties. The outstanding debt becomes a lien or charge against the property, as soon as the county receives the certified information from the city. Note: the city ordinance should also define when unpaid water and sewer charges become delinquent and subject to certification. Minn. Stat. § 444.075, subd. 3 (e). A.G. Op. 450-F-1 (September 8, 1969). A.G. Op. 387g-7 (April 28, 1965). A.G. Op. 59-A-36 (January 26, 1961). Minn. Stat. § 279.01. See LMC Sample Resolution Certifying Unpaid Charges. The law states that the governing body may certify “unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected.” Certified charges accrue statutory penalties in the same manner that unpaid property taxes accrue penalties. Now, let’s discuss how counties code these unpaid charges when they are “spread” on the tax rolls.