§ A342-11. Fairfax winter disconnection policy.

Annual notice to all residential customers. The cold weather rule must be made to all residential customers of the utility between August 15 and October 15 of each year. The purpose of this notice is to comply with the Minnesota cold weather rule adopted by the state Legislature in 1991 (Attachment A).

A. 

City of Fairfax will not disconnect the utility service of a residential customer if the disconnection affects the primary heat source for the residential unit when the following conditions are met:

(1) 

The disconnection would occur during the period between October 15 and April 15.

(2) 

The customer is receiving any form of public assistance or energy assistance.

(3) 

The customer has declared inability to pay on forms provided by the utility.

(4) 

The household income of the customer is less than 50% of the state median income level, as documented by the customer to the utility. To determine eligibility under income guidelines, customer must present to the utility office:

(a) 

The most recent income tax return filed by members of the customer's household;

(b) 

For each employed member of the customer's household, either paycheck stubs for the last two months or a written statement from the employer of wages earned during the preceding two months;

(c) 

Documentation of unemployment; or

(d) 

Other documentation which supports the customer's declaration of inability to pay; and

(5) 

The customer's account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.

The City of Fairfax will notify all residential customers of the provision of the above five points.

B. 

Before disconnecting service to a residential customer during the period between October 15 and April 15, the City of Fairfax will provide the following information to a customer:

(1) 

A notice of proposed disconnection;

(2) 

A statement explaining the customer's rights and responsibilities (Attachment B);

Editor's Note: Attachment B is located at the end of this chapter.

(3) 

A list of local energy assistance providers;

(4) 

A form on which to declare inability to pay (Attachment C); and

Editor's Note: Attachment C is located at the end of this chapter.

(5) 

A statement explaining available time payment plans and other opportunities to secure continued utility service.

C. 

Restrictions if disconnection is necessary.

(1) 

If a residential customer must be involuntarily disconnected between October 15 and April 15 for failure to comply with the provisions of Subsection A, the disconnection must not occur on a Friday or on the day before a holiday. Further, the disconnection must not occur until at least 10 days after the notice has been mailed to the customer.

(2) 

If the customer does not respond to a disconnection notice the customer must not be disconnected until the utility investigates whether the residential unit is actually occupied. If the unit is found to be occupied, the utility must immediately inform the occupant of the provisions of this section. If the unit is unoccupied, the utility must give seven days written notice of the proposed disconnection to the local energy assistance provider before making a disconnection.

(3) 

If prior to the disconnection a customer appeals a notice of involuntary disconnection as provided by the City of Fairfax established appeal procedure, the utility must not disconnect until the appeal is resolved.

D. 

Appeals.

(1) 

A customer who disputes the utility's intention to disconnect cannot be disconnected until the utility hears the customers appeal. If the customer desires such a hearing, the hearing will be scheduled for the next regular Council meeting of the City Council.

(2) 

Upon the finding by the City Council that a customer has established his or her inability to pay, the City Council may require the customer to enter into a payment agreement. A customer failing to comply with the payment agreement may upon 10 days notice by the City be subject to the provisions of utility service disconnect policy.

E. 

Inspections. Authorized personnel shall have free access at reasonable hours of the day to all parts of every building and premises connected with the City water and sanitary sewer service.

F. 

Reconnection. The utility shall reinstate service upon payment of delinquent bill or partial payment with acceptable payment plan plus a reconnection charge of $25. If service is reinstated after regular business hours, the fee will be $50. In cases where utility service is disconnected for a period of time upon request, there shall be a reconnection charge of $25.

G. 

Work orders. Any discharge of water prohibited by Chapter 253, Water and Sewers, Art. I, shall be corrected by the property owner. The City shall cost share based on Chapter 253, Water and Sewers, Art. I, on corrections when the owner has obtained prior approval of the nature of work and the Superintendent of Utilities has issued a work order.

H. 

Provision for collection with taxes. Delinquent utility accounts may be certified to the County Auditor. The City Clerk-Treasurer shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served. The assessments shall be submitted to the City Council and approved. Upon such approval, the Clerk-Treasurer shall certify the assessment roll to the County Auditor for collection along with taxes.

Editor's Note: Attachment A is located at the end of this chapter.