As used in this article, the following terms shall have the
meanings indicated:
The City of Isanti or its officers or employees authorized
to perform the functions to which there is reference in the chapter.
A group of attached buildings, or a single building, containing
a series of separate stores, offices, or establishments, that are
engaged in retail, service, or similar occupations. Such "commercial
malls" may also be known as "mini-malls," "strip malls," "shopping
centers," "discount centers," or similar titles.
[1]The watering of shrubs, trees, sod and seeded areas.
Wastewater that is primarily introduced by residential users
with a BOD concentration not greater than 220 mg/l, a total suspended
solids (TSS) concentration not greater than 240 mg/l, ammonia concentration
not greater than 25 mg/l, and total phosphorus concentration not greater
than eight mg/l.
A notice in writing directed to the owner, tenant or other
person affected for the time specified by the chapter, stating briefly
the condition that is the reason for the notice, and the consequences
that will result upon failure to comply with the terms of the notice.
A notice shall be deemed given when either it is personally served
on the person to whom it is directed to or mailed to them at their
last known address. If the owner, tenant or other person cannot be
reached by mail service, service may be made upon the occupant of
the building or premises. Notification may also be made by posting
the notice on the front door of the building.
The person, company, corporation or their authorized agent
that owns a building or premises.
A platted lot or part thereof or unplatted parcel of land,
either occupied or unoccupied and/or any building or structure on
the property.
The public sanitary sewer utility owned, maintained and controlled
by the City.
The public water supply and utility owned, managed or controlled
by the City.
A unit of measure for water impact fees and for sanitary
sewer impact fees equivalent, respectively, to the amount of water
capacity needed to supply one residential dwelling unit for consumption
purposes, and such water capacity needed to service one residential
dwelling unit as to wastewater.
[Added 12-6-2022 by Ord.
No. 779]
A charge for construction of a public sanitary sewer system or public water supply system improvements pursuant to City Code Chapter 276, or a charge for any repair performed by the City, or any fees and usage charges which, pursuant to state law, are certified to the county for collection with property taxes.
Curb stop or shutoff valve installed on the water service
line that controls the flow of water from the public water supply
system to the building or premises.
[1]
Editor's Note: The definition of "Department," which immediately
followed this definition, was repealed 7-20-2021 by Ord. No. 763.
Sanitary sewer and water utilities service charges are fees
collected from all system users and those who have reasonable access
to the public sanitary sewer and water supply systems (sanitary sewer
and water utilities). The City Council has determined that in order
to pay for the cost of construction, reconstruction, repair, enlargement,
improvement, maintenance, operation and use of the City's sanitary
sewer and water utilities; the cost of new state and federal regulations;
principal and interest due on obligations issued or to be issued therefor;
it is necessary to impose the following just and equitable charges
for the use and availability of the sanitary sewer and water utilities
service. Fees, as authorized by Minn. Stat. § 444.075, for
connection to and usage of the sanitary sewer and water utilities
system are set based on the financial needs of the sanitary sewer
utility and water utility.
Sanitary sewer and water rate tables have been prepared to provide
annual rates for sanitary sewer and water accessibility charges, base
fees and usage rates, and are attached as a part of this chapter.[1] Accessibility charge rates, base fees and sewer rates
shall be adjusted periodically, as per the rate table. New charges
are applicable beginning on the date of the first meter reading in
the month that rates are adjusted.
[1]
Editor's Note: Said tables are attached to this chapter.
Sanitary sewer rates for users with normal strength sewage waste
(NSSW) are listed in the Sewer Rate Table.[1] Users are charged base fee(s) and usage charges (per gallon).
Water rates for users are listed in the Water Rate Table.[2]
A.
Base fees are charged as follows:
(1)
Single-family dwellings are charged one base fee per unit.
(2)
Apartment units are charged 80% of the base fee charge per unit.
(3)
Commercial and industrial structures shall be charged base fees per
account based on water consumption. The base fee rate and base fee
charges shall be set in the Commercial Base Fee Consumption Schedule
of the Sanitary Sewer and Water Rate Table.[3]
[3]
Editor's Note: Said schedules are included in the tables attached to this chapter.
(4)
Irrigation meters, when used in conjunction with residential, commercial
or industrial uses, are not subject to base fee charges.
B.
Usage charge. Upon connection of any building or premises to the
public sanitary sewer system and/or water system, the owner shall
pay for sewage and water based on water used each month at rates listed
in the Sewer Rate Table and Water Rate Table.[4]
[4]
Editor's Note: Said tables are included as attachments to this chapter. Former Subsection B, Base fees - utility not connected or not in service, was repealed 2-2-2022 by Ord. No. 766. This ordinance also redesignated former Subsections C through I as Subsections B through H, respectively.
C.
Sewer charge options - residential accounts. For the purpose of calculating
the sewer usage charge, new residential accounts are billed a minimum
of 3,500 gallons per month and charged according to the winter average
method. This is calculated by taking the average of water used in
the months of January, February and March of each year to get average
monthly sewage use. Winter averages are updated annually on the April
billing statement. The account holder has the option of electing billing
based on actual water usage (gallon per gallon). The election to change
sewer charge options shall be made by November 1 for the following
year. If the option is to change back to the winter average method,
a minimum usage of 3,500 gallons per month will be used until the
average is calculated. Election to change calculation of sewer charges
may be done annually. For any month during the averaging period that
a property is vacant, that account shall be assigned a minimum usage
of 3,500 gallons. In no case will the sewer charge exceed the actual
metered water usage.
D.
Sewer - commercial accounts. Commercial customers are charged for
sewer usage based upon their monthly water usage. If an irrigation
system is in place, the owner, at their own expense, may have a separate
meter installed for the irrigation system. Only the water usage rate
applies to the irrigation meter.
E.
Industrial charges. Sanitary sewer base fees, usage rates, or other
fees for industrial users with waste flows in excess of normal strength
sewage waste shall be set by special agreement and are calculated
based upon their impact on the sewer plant's capacity and treatment
system (BOD, TSS, phosphorus, ammonia, etc.) as outlined in their
discharge permit.
F.
Accessibility charge. The accessibility charge for connection of
a building or premises to the sanitary sewer system or water system
is listed in the Sewer Rate Table as the SAC fee (sewer accessibility
charge) and the Water Rate Table as the WAC fee (water accessibility
charge).[5] The accessibility charge for a single-family dwelling
or equivalent shall be 100% of the full connection charge for each
unit.
[5]
Editor's Note: Said tables are included as attachments to this chapter.
G.
Residential equivalent connection (REC). REC units will be established
by the City Council and be calculated as follows:
[Amended 12-6-2022 by Ord. No. 779]
H.
Payment
for SAC/WAC REC Table uses. Such building permit applicants may be
approved to submit the SAC/WAC payment in equal installments, not
to exceed six months from time of approved building permit, subject
to the City Administrator, or designee's, approval. All fees
must be paid prior to a temporary certificate of occupancy (CO) or
CO being issued.
[Added 12-6-2022 by Ord. No. 779[6]]
[6]
Editor's Note: This ordinance also redesignated former Subsection
H as Subsection I.
I.
Trunk utility charges. Trunk utility charges have been established
for new subdivided areas of the City that did not pay for the original
sanitary sewer system and water system.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
A.
Accounts. All accounts shall be carried in the name of the owner who personally, or by their tenant as authorized agent, is designated the account holder and shall apply for sanitary sewer service and/or water service. If the building or premises is rented, the tenant, if so authorized by the owner, may carry the account in their name. The owner shall, at all times, be personally liable for sanitary sewer and water services used in the building or premises, whether they are occupying the same or not. Any unpaid charges shall become a lien on the property, as per § 262-7B of this chapter.
B.
Deposit. The City reserves the right to request a deposit for sanitary
sewer and water services. The deposit shall be held as a guarantee
to hold the City free from any loss occasioned by failure of payment
on the account as per this chapter. If the deposit is used for payment
of delinquent sanitary sewer service and/or water service charges,
penalties and interest due, and the deposit is depleted; the sanitary
sewer service and/or water service shall be discontinued. The account
will be suspended until all delinquent charges and a new deposit are
paid to the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Billing cycle. Sanitary sewer and water service base fees, user charges,
fees by special agreement shall be billed on a monthly basis. Bills
on accounts for the past month's service are mailed on or about the
last business day of the month. Bills are due by the 20th of the following
month. If that day is on a holiday or weekend, the charges are due
by the end of the next business day. Bills on accounts shall be paid
within five calendar days of the due date for the account to remain
current.
D.
Penalty charge and interest on unpaid bills. The monthly charges
in this section shall be subject to penalties after the final due
date. Unpaid accounts shall be subject to a penalty charge of interest
at the rate of 1.5% per month, with a minimum penalty charge of $5
per month for unpaid balances of $10 or greater.
E.
Disconnection. All delinquent and unpaid accounts are subject to disconnection as per § 260-6 of this chapter, except as otherwise provided by law. At any time, accounts paid by a check without sufficient funds (nonsufficient funds check), upon discovery by the City, are considered delinquent. These accounts are subject to immediate disconnection unless precluded by state statute. No further notifications or posting will be given. All delinquent amounts, connection and disconnection fees, must be paid prior to sanitary sewer service and/or water service being restored. These accounts shall be required to pay with cash or credit card for delinquent and future account payments.
F.
Payment plan for delinquent accounts. The account holder may request a payment plan for the unpaid balance of a delinquent sanitary sewer and/or water utility account owed the City. All delinquent amounts, penalties and charges will be included in the payment plan. The term of repayment shall not exceed 90 days. During the time of the repayment plan, the account shall be kept current. If at any time during the time of repayment the account becomes delinquent by nonpayment of charges, the City shall proceed to discontinue services as per § 262-6 of this chapter. If disconnected, charges per § 262-6 will apply and no further payment arrangements will be extended to the account. The owner is responsible for all delinquent charges on the account and if unpaid the charges shall be a lien on the property pursuant to § 262-7B of this chapter. Account holders may utilize a payment plan once annually, and in no case more than three times in a ten-year time period.
[Amended 7-20-2021 by Ord. No. 763]
G.
Utility rate overcharge. In the event it has been determined by the
City that an account has been overcharged, the City will pay a credit
to the account of the monthly overcharge for a period of up to 12
months, provided that the account is current. In the event that the
account is delinquent, any credit shall be applied to the unpaid balance,
any penalties or interest due the City. In the case where the overcharge
in total exceeds $1,000, a longer time period of credit shall be determined
by the City Council.
H.
Utility rate undercharge. In the event an account has been undercharged through no fault of their own, the City will seek recovery for up to 12 months of undercharged use. At the request of the account holder, the City will provide a payment plan for the undercharged usage equivalent to the number of months being charged at no interest to the account holder, provided that payments by the account holder prior to discovery of the undercharge were current. If not current, undercharged usage charges are due upon discovery and notification of the account holder. If the undercharge in total exceeds $1,000, a longer time period shall be determined by the City Council. The City reserves the right to collect these charges as per § 262-7B of this chapter.
A.
Notification.
(1)
The City shall notify the owner or tenant, the account holder whose
name the account has been placed in when a sanitary sewer service
and/or water service account is 30 days past the due date. This notification
shall be by U.S. Mail. This notification shall include:
(2)
If the account is not paid by the date that was in the first notification,
the City shall hand deliver a notice to the dwelling or premises by
posting on the front entry door. A delinquent posting notice fee,
as per the City Fee Schedule, shall be charged to the delinquent party's
account to cover administrative costs associated with the preparation
and delivery of this notice. This second notice shall state that the
delinquent account balance and door posting fee shall be paid by the
specified time and date. It shall also state who the account holder
may contact to appeal the shutoff. Any appeal must be made prior to
the close of the last business day before the day the utility is shut
off. The appeal shall be made to the City Administrator or their designee.
The notice shall also include all applicable charges to disconnect
and to reconnect the service as per this chapter and that these fees
shall be applied to the account balance.
B.
Shutoff. Services will be discontinued to the accounts which have
not made payment or arrangements with the City regarding the delinquent
account. In the event of a sanitary sewer service in a building or
premises served by a private well, if practical a removable plug be
placed in the building drain or service connection. If not practical,
sewage usage shall be continued to be billed against the account.
Shutoff of services shall not be done in the following situations:
(1)
The account holder's household has a member of the armed forces that
has issued orders for active duty, for deployment, or for a permanent
change in duty in accordance with Minn. Stat. § 325E.028.
(2)
In cases where the National Weather Service has issued an excessive
heat watch, heat advisory or heat warning, and those warnings and
watches are in effect.
[Amended 7-20-2021 by Ord. No. 763]
C.
Charges. The City shall charge a fee to disconnect services and a
fee to reconnect services to a delinquent sanitary sewer service and/or
water service account. These charges are due at the time the delinquent
account balance is paid to the City.
D.
Shutoff by City only. No person, party or firm shall turn on or off
the water supply at the valve box, gate valve or restrict a sanitary
sewer service without permission of the City. In emergency situations,
water may be shut off or turned on, with the City notified as soon
as practical.
E.
Taking water without authority. Taking water without authority, tampering
with valve boxes, water meters, public water systems, or installation
of meter bypasses is strictly prohibited, and if determined by the
City Administrator or their designee that probable cause exists to
believe that any such violation is occurring or has occurred, shall
subject the owner or tenant to immediate disconnection of service
and an estimated bill will be issued for unmetered water use. Charges
for disconnection and reconnection shall apply to any reinstatement
of a water account. Repair and replacement of damaged meter equipment
shall be charged. All fees, repair and replacement costs, personnel
time and unmetered water use shall be paid in full prior to reinstatement
of a water account and reconnection of water service.
F.
Shutoffs in multiunit buildings. In a situation where the water supply
has been shut off to one or more units in a multiunit building by
the City, water will not be turned on and/or a meter reinstalled if
the account holder has delinquent accounts in other units in the same
building.
G.
Delinquent account in shared connection. In the event that an account holder has an unpaid delinquent account in a building or premises that receives water service through a common waterline where the shutoff and/or water meter serve other account holders whose accounts are in good standing, the City shall not shut off utility services. The delinquent account holder is responsible for disconnection and reconnection fees if the account is not paid prior to the disconnection date that the account would have been disconnected. If a monthly reoccurrence, disconnection and reconnection fees shall be charged every three months that the account is delinquent. The owner of the building or premises is responsible for all delinquent charges on the account, and if unpaid the charges shall be made a lien on the property pursuant to § 262-7B of this chapter.
[Amended 7-20-2021 by Ord. No. 763]
H.
Request for disconnection. The account holder, owner or authorized agent, may request that their sanitary sewer and/or water service be discontinued. The City will then shut off the water and, if necessary, remove the water meter. A disconnection fee will be charged and, if reconnected, a reconnection fee will also be charged. When the sanitary sewer service and/or water service is discontinued, a monthly fee equivalent to 50% of the sewer base and water base fee will be charged. The owner is responsible for the base fee charges, and if unpaid the charges shall be a lien on the property pursuant to § 262-7B of this chapter.
[Amended 7-20-2021 by Ord. No. 763]
I.
Disconnection due to other utility disconnection and vacancy. If
the account has the electric and/or gas utilities shut off during
the time period between October 15 and April 15, and the City determines
in good faith that the premises has been vacated by the former account
holder and no transfer of the account has been made, the City reserves
the right to discontinue sanitary sewer service and/or water service
to the premises. The account shall be deemed delinquent and charges
to reinstate the account as per this chapter shall apply.
A.
Refusal to allow access. If an owner refuses to give consent to the
City to enter the building or premises served to inspect a meter and/or
obtain a reading, the City will pursue an administrative search warrant
to gain access.
B.
Certification of unpaid account balances with taxes. Unpaid sanitary
sewer and/or water service charges, interest and penalties on accounts
shall be certified to the County Auditor at least once annually, and
may be done more often if deemed necessary. Prior to certification,
a notice shall be sent by U.S. Mail to the account holder and state
the date that payment needs to be made prior to certification. The
notice shall also inform the account holder of their right to a hearing
before the City Council to dispute the amount owed. If approved by
the City Council, all delinquent amounts, penalties and charges, including
administrative fees, shall be certified to the County Auditor for
collection with property taxes.
