Ordinance No. 2026 – 19
CITY OF KIESTER
COUNTY OF FARIBAULT, MINNESOTA
AN ORDINANCE AMENDING TITLE V, PUBLIC WORKS,
CHAPTER 54, RATES AND CHARGES,
OF THE KIESTER CITY CODE
THE CITY COUNCIL OF THE CITY OF KIESTER ORDAINS:
Section 1. Title V, Chapter 54, Table of Contents, of the Kiester City Code
CHAPTER 54: RATES AND CHARGES
Section
54.01 Generally
54.02 Collection of charges; discontinuation of services
54.02.01 Disputing charges
54.03 Disconnection for late payment; Hearing; Reconnection
54.04 Cold weather rule
54.05 Delinquent charges
Section 2. Title V, Chapter 54, Section 54.01, of the Kiester City Code concerning general provisions is amended to read as follows:
§ 54.01 GENERALLY.
(A) The monthly charge for water, sewer services and for collection, removal and disposal of garbage and trash from residences and businesses within the corporate limits of the city shall be as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time.
(B) Accounts. All accounts shall be established as provided in § 52.33 of this code carried in the name of the owner who personally, or by his or her authorized agent, applied for such service. The property owner shall be liable for water and sewer services supplied to the property, whether he or she is occupying the property or not, and upon certification to the County Auditor, any unpaid charges shall be a lien upon the property.
Section 3. Title V, Chapter 54, Section 54.02, of the Kiester City Code concerning Collection of and Discontinuation of Services, is amended to read as follows:
§ 54.02 COLLECTION OF CHARGES; DISCONTINUATION OF SERVICES.
The charges fixed herein for water, sewer services and for collection, removal and disposal of all garbage and trash shall be entered in their respective amounts on the utility bill. The city may discontinue all utility services, including water, sewer, and garbage and trash services, for failing to pay any assessed charges and until the charges, and any related penalties and fees, have been paid in full under conditions and procedures detailed in § 54.03 of this code.
Section 4. Title V, Chapter 54, of the Kiester City Code is amended to add the following new Section 54.02.01, Disputing Charges:
§ 54.02.01 DISPUTING CHARGES.
Any customer who wishes to dispute the correctness of his or her bill shall have a right to a hearing with the city’s utility billing official. The Customer must contact the City Clerk prior to the due date for the bill and request a hearing with the billing official. At such a hearing, the customer may be represented in person and by counsel or any other person of the customer’s choosing and may present orally or in writing evidence supporting the customer’s claim of incorrectness. The city’s billing official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
Section 5. Title V, Chapter 54, Section 54.03, of the Kiester City Code concerning Disconnection for Late Payment; Hearing; and Reconnection of utility service, is amended to read as follows:
§ 54.03 DISCONNECTION FOR LATE PAYMENT; HEARING; RECONNECTION.
(A) Disconnection of utility service. It is the policy of If a bill for utility charges is not paid in full when due and remains unpaid for 60 days following the due date set forth on the bill, the city to will discontinue utility service to the property until such time that all past due charge, along with any applicable fees, are paid in full. customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable on or before the date set forth on the bill;
(2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(3) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days. Hearing prior to disconnection of service. Prior to disconnection of utility service to a property for nonpayment of bills, the City Council shall hold a public hearing to allow the owner or customer the opportunity to be heard on the matter.
(1) Notice of the hearing shall be delivered to the owner or customer at the property address by personal delivery or through the United States Mail at least 5 days prior to the scheduled hearing.
(2) The owner or customer may personally appear at the hearing, or may be represented by legal counsel or a person of his or her choosing.
(3) At the conclusion of the hearing, the City Council may order the disconnection, order that the disconnection be delayed, or take any other action that the City Council determines to be fair.
(C) Reconnection of utility service. When it becomes necessary for the city to discontinue If utility service to a customer is disconnected for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a disconnection fee and a turn-on charge fee as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time.
Section 6. Title V, Chapter 54, Section 54.05, of the Kiester City Code concerning Delinquent Charges, is amended to read as follows:
§ 54.05 DELINQUENT CHARGES.
In addition to disconnection of utility services for unpaid bills, as As provided for by M.S. § 444.075, Subd. 3e, as it may be amended from time to time, the City Clerk, annually or more frequently as directed by Council, shall prepare a list of delinquent charges to be certified for payment as taxes. The list of delinquent charges shall be delivered to the City Council for adoption. All persons who have delinquent charges included in the list shall be notified and given a chance to appear before the Council before the list is adopted. In the event the delinquency involves rental property, notice shall be given to the record owner of the property in addition to the tenant or other parties in possession and he or she given a chance to appear before the Council. Upon adoption, the Clerk shall certify the unpaid charges to the County Auditor for collection as other taxes are collected. This action may be optional or subsequent to taking other legal action to collect delinquent charges, and shall not preclude the City or its agents from recovery of the delinquent charges and interest under any other available remedy, and shall not preclude the disconnection for late payment provided for in this chapter.
Section 7. Effective Date. This ordinance shall be effective upon its passage and publication according to law.
Passed by the City Council of the City of Kiester, Minnesota, this 10 day of August , 2026.
ATTEST:
