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Code of Ordinances Amendment_Utility Billing Assessments TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Ordinance Amendments - Utility Billing Assessments DATE: September 12, 2012 Finance Director Ken TeKippe is recommending ordinance amendments that will streamline the process to certify unpaid rates and charges to the County Treasurer by assigning the responsibility to the Finance Director. Current City practice has approval of such rates and charges to be made by the City Council, usually quarterly. Delegation to the Finance Director will decrease the time frame for processing assessments and should allow quicker collection of unpaid utility bills and improve government efficiency. Statutory publication notice requirements will remain intact. Enabling State Legislation was passed in 2011. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Ken TeKippe, Finance Director THE CIiY OF Dubuque DUB E Masterpiece on the Mississippi I I I I I r 2007 10: Michael C Van Millreen, City Manager FROM: Ken TeKippe, Finance 0lrector DATE: September 5, 2012 SUBJECT: Ordinance Amendments- Utility Billing Assessments INTRODUCTION Changes to Iowa Code 38404 allow city government to assign a designee to fairly unpaid rates and charges to the county treasurer. Current city practice has approval of such rates and charges to be made by the city council, usually quarterly. Delegation m the Finance Director will decrease the time lame for processing assessments and should allow quicker inttraction of unpaid utility bills and Improve government efficiency Statutory publication nonce requirements will remain act . Assistant sty Attorney Maureen Ouann and Utility Doling Supervisor Rase Koerner request a resolution to delegate authority to the sty Finance Director and amendments to city codes Refolding to assessments. I am submining the following for your approval and submission to the sty Council • Resolution delegating authority to minty schedules of assessments mrectrym the county treasurer to the sry Finance Director • Amendment to ordinance 1 7 -0fo Include the new duty of Finance Director. • Amendment to second tai C 4 outlining the procedure for processing water assessments. • Amendment to second 13205 stating sewer charges will be processed same as water charges • Amendment to second 13411 stating stormwater charges will be processed same as water charges. • Amendment to section 136A7 sating solid waste charges will be processed same as water charges An ahicte from Cityscape Magazine, published by Iowa League of Cities, relative to the proposed change is attached If you have any questions on this request please feel free to contact me at your convenience. Maureen Ouann Assistant City Attorney Rose Koerner, Utility Billing Supervisor Kevin Firnstahl, City Clerk Chapter 384 of the Code of Iowa includes provisions describing the process by which city utilities and combined utility systems may establish, impose, adjust and provide for collection of rates and charges. The utility account collection process for cities pro - vides for the certification of delinquent accounts to the county treasurer. If the appropriate certification procedure is followed, the result is a lien against the property in the amount of the unpaid rates and charges which has precedence with ordinary property taxes and can be collected in the same manner as prop- erty taxes. Iowa law clearly requires that there be a certification to the county treasurer that the utility charges are delinquent. However, delinquent charges that were incurred at a property before the date that property is sold and the title is transferred cannot be certified to the county treasurer after the date the title transfer is recorded. Delinquent amounts which are not timely certified to the county treasurer cannot be collected from a new owner of the property. The typical city process for certification of delinquent city accounts concludes with the passage of a resolution by the city= council which certifies that the accounts are in fact delinquent, which resolution is then sent by the city clerk to the county treasurer. Many cities do not have regular council meetings every week, which can result in a delay in certification of delinquent ac- counts. When that occurs, city efforts to collect delinquent utility charges have at times been unsuccessful because the delinquent accounts have not been certified before a property transfer has been made. The failure to have alien against the property makes the delinquent bills far more difficult to collect. Recent improvements in computer billing technology have enabled city utilities to process information concerning the status of accounts much more swiftly. For that reason, legislation was sought to take advantage of the ability to certify delinquent ac- counts more rapidly. House File 454, enacted in 2011, amends Code Section 384.84(4)(x)(1) by adding language that permits the governing body of a city utility to pass a resolution delegating its authority to certify unpaid rates or charges to designated personnel of the city utility. The legislation also allows the city council of a city that contracts with a city utility for joint billing or collection to enact an ordinance delegating its authority to certify delinquent rates or charges to the city utility or to designated personnel of the city utility. Once the city council has passed an appropriate resolution or ordinance, the certification of delinquent utility accounts can oc- cur as often and as quickly as makes good business sense. House File 454 is a bill which creates efficiency in government, and al- lows cities to do a better job of collecting unpaid bills. Bruce Bergman isgeneral counsel for• the League. He gray be reached at brucebergnran a iorvaleagite, or or (515) 244 -7282. Septemner zu i i a-'Lyscape e,3 RESOLUTION NO. 260 -12 DELEGATING AUTHORITY TO THE FINANCE DIRECTOR -CITY TREASURER TO PREPARE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF Whereas, the finance director -city treasurer prepares, at least quarterly, Schedules of Assessments for delinquent water, sewer, refuse, and stormwater accounts. Whereas, the City Council approves, adopts and certifies such Schedules of Assessments to the County Treasurer, and a lien on the real property identified with such delinquent water, sewer, refuse, and stormwater accounts is assessed and levied in the amount of the respective sums indicated in such Schedules of Assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That pursuant to Iowa Code § 384.84 the finance director -city treasurer is hereby directed to approve, adopt and certify said Schedules of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall not be more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the finance director -city treasurer shall also mail a copy of said notice to property owners whose property is subject to assessments, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 West 13th Street, Dubuque, Iowa at any time within thirty (30) days after the date of the first publication of the notice of filing of the Schedule of Assessments with the County Treasurer. After thirty (30) days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. 17th Passed, approved and adopted this _ day ofseptembev2012 Roy D /Buol, Mayor Attest: Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 52 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 7 FINANCE DIRECTOR -CITY TREASURER AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY DELINQUENT UTILITY BILLING CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §1 -7 -7 is amended to read as follows: Sec. 1 -7 -7. Finance Director -City Treasurer: H. Certification of Delinquent Utility Billing Charges: Pursuant to Iowa Code Section 384.84, the finance director -city treasurer will prepare, at least quarterly, an assessment schedule listing all delinquent utility billing charges and late payment charges which accrued in the prior month or since the last assessment schedule was prepared, and the finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. to Roy D. -uol, Mayor OFFICIAL PUBLICATION ORDINANCE NO.52 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND .EM- PLOYEES, SECTION 7 FINANCE DIRECTOR- CITY TREASURER AUTHORIZING THE FINANCE DIRECTOR - , CITY TREASURER TO CERTIFY DELINQUENT ' UTILITY BILLING CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §1 -7 -7 is amended to read as follows: Sec. 1 -7 -7. Finance Director -City Treasurer. H. Certification of Delinquent Utility Bill- ing Charges: Pursuant to Iowa Code Section 384.84; the finance director -city treasurer will prepare, at least quarterly, an assess- ment schedule listing all delinquent utility billing charges and late payment charges which accrued in the prior month or since the last assessment schedule was pre-. pared, and the finance director-city 'treasurer is hereby delegated the authority, on behalf of the city, to certify and .file each such assessment schedule with the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 • STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $14.63. Subscribed to before me, a . ary Public i and for Dubuque County, Iowa, ,20/02- • this day of Notary Public in and for Dubuque County, Iowa. MAC R K WESTERM Commission Number 164686 iI ri Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 53 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 4 PAYMENT OF BILLS PROVIDING THE PROCEDURE FOR DELINQUENT WATER SERVICE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -1 C -4 is amended to read as follows: Sec. 13-1C-4. Payment of Bills: C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty -five (25) days following the billing date, there will be added to the bill a penalty of five percent (5 %) of the total utility bill for late payment. 2. If bills are not paid within thirty (30) days following the billing date, the city reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service will not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. 3. If a delinquency exists for a rental property in excess of sixty (60) days, the owner must assume responsibility for the future billings to such account. D. Lien for Nonpayment: 1. The city will have a lien upon the real property served by the city's water system for all delinquent charges. It is the duty of the finance director -city treasurer to certify such delinquent charges, plus the costs of administration, to the county treasurer and all such delinquent charges and costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 2. Bills for delinquent water service charges are subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. 3. For all active water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate computer data file. The notice must include the delinquent charge(s) and must indicate that if payment of the total amount is not made by a certain date (corresponding to the sixtieth (60th) day after the billing date for the delinquent account), the delinquent charge(s) will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent charges were incurred. 4. For all final water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate computer data file. The notice must indicate that if payment of the total amount is not made by a certain date (corresponding to the sixtieth (60th) day after the billing date for that delinquent account), the delinquent charge or charges will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent account charges were incurred. 5. If full payment of all charges billed in an active water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. If full payment of all charges billed in a final water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. A five dollar ($5.00) administrative processing fee will be charged to each delinquent account at the time it is included in the assessment schedule, which amount will be separately identified on the assessment schedule and included in the amount being assessed. The finance director -city treasurer will prepare an assessment schedule at least quarterly, listing all delinquent water service charges, and late payment charges, which accrued in the prior month or since Ftr the last assessment schedule was certified. Each such assessment schedule must also identify each delinquent charge by name of the account holder in whose name the delinquent rates or charges were incurred, must identify each property for which water service charge is delinquent, and must show the delinquent charges and the administrative processing fee to be assessed against each such property owned or rented by the delinquent account holder. The finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer as provided in the Iowa Code Section 384.84. 6. Such lien will be enforced until payment in full of the delinquent charges and the administrative processing fee shown on the assessment schedule is made at the office of the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. Attest: Kevi Firnstahl, Ci y Cle Roy D,: uol, Mayor OFFICIAL PUBLICATION. ORDINANCE NO.53 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER . USE AND . SERWCE, ARTICLE C RATES, SECTION• 4 p4YMEIIT OF BILLS R.ROVIDINC THE PROCEDURE FOR DELINQUENT WATER SERVICE CHARGES, ESTABLISHING A LIEN FOR. NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIREC- TOR -CITY TREASUR- ER TO CERTIFY -SUCH DELIN.QUE NT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -1C -4 is amended to read as follows: Sec. 13 -1C-4. Payment of Bills: C. late Payments; Procedure Upon Delin- quency: - 1. If a bill remains unpaid twenty-five (25) days followmg,„ the billing date, there will be added to the bill a penalty of five percent (5%) of the total utility the lien to the county bill for late payment to such, persons by 2 It,bills.are not paid ordipa yy ;mail, to their within thirty (30) days last ".known addresses following .. the billing as `• reflected in 'the' date, the city - reserves computer "`t- 'database the right to discontinue •ccount records of the water service to the city or in ` the county delinquent customer auditor's real estate by shutting off the computer, data file. The water service. The notice must indicate water service will not that if payment of the be restored until all total amount is not current, - delinquent, made by a certain date and penalty charges, in (corresponding to the addition to a turn on sixtieth "(60th) day. charge; have, been after the billing date paid.. for that delinquent 3. If a •delinquency account); the delin- exists for a rental gbent charge or property in excess of charges - Will be sixty (60) days, the certified to the co'Unty owner must assume as a lien against the responsibility; for the property or premises future billings to such owned or rented by the account. account holder in D. Lien for Nonpay- whose name the ,meet:: delinquent account L The city will ,have a charges Were incurred. lien upon the real 5. If full payment of all property served by the charges billed in an city's water system for active water service all delinquent charges. account billing state - It is the duty of the ment, including late finance director -city payment charges, is treasurer to certify not received within such delinquent sixty (60) days .after charges, plus the costs the billing date, the of administrating ito finance director -city the county trreasu rer treasurer, as the city's and all such delinquent billing and collection charges and costs will agent, will prepare an then constitute a lien assessment schedule against said property listing such unpaid and be collected . „with charges therein. and in the same If full payment of all manner as general charges billed in a final property taxes on said water service account property. billing statement, 2. Bills for delinquent including late payment water service charges charges, is not are _ subject to a received within sixty delinquency lien certi- _ (60) days after . the ficationwhen the same billing date, the finance are unpaid for a period director -city treasurer, of sixty (60) days after as the city's billing and the due date. collection agent, will 3. For all active water prepare' an assessment service accounts, if full schedule listing such payment of all charges unpaid charges there - billed, including late in. payment ctia4ges, is A five dollar ($5.00) not received within administrative proces- thirty . (30) days after sing fee will be the billing date, the charged to each city will send a notice delinquent account at of pending lien to the the time it is included account holder in in the assessment sche- whose name the dule, which amount delinquent charges will be separately were incurred. The identified on the notice must be sent at assessment schedule least thirty (30) days and included in the prior to certification of amount being asses - the lien to the county sed. ' The finance to such persons by director -city treasurer ordinary mail to their will prepare an last known addresses assessment schedule as reflected in the at least quarterly, computer database listing all delinquent account records of the water service charges, city or in the county and Jate'; :.;'payment auditor's real estate charges, which accru- computerdata file. The ed in the prior month or since the last assessment' schedule was certified. Each such assessment sche- dule must also identify each delinquent charge by, name of tpe "account holder in whose name the delinquent rates or charges were incurred, must identify - each property for which water service charge is delinquent, 'arid must show the delinquent charges and the admin- istrative processing fee to be assessed against delinquent charges each such property were incurred. ',owned;orrented,by the 4. For all final water delinquent - account service accounts, if full holder. The finance payment of all charges director - city "treasurer billed, - including late . is hereby delegated the notice mustinclude the delinquent charge(s) and Must indicate that if payment ;Alta total amount is not made by a certain data (corm-, sponding to the sixtieth (60th); day after the billing date for the delinquent account), the delin- quent charge(s) will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name :the payment charges, is not received within thirty (30) ,days after the billing date, the city willsen"it,.a.notice of pending lien to the account • holder in whose name the delinquent .charges authority, on behalf of the city, to certify and file each such assessment schedule with ; , the" county treasurer as provided in the Iowa Code Section 384.84. 6. Such lien will be were incurred. ",The enforced until payment notice must fie sent at in full of the delinquent least thirty- (30) days charges and the admin- prior to certification of istrative processing fee shown on , the assessment schedule is made at the office of the county treasurer. - Section 2. This ' Ordinance takes effect on publication. Past, approved, and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of ,September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $64.66. Subscribed to before me, a this j'tf day o Public in and for Dubuque County, Iowa, , 20 X,2— otary Public in and for Dubuque County, Iowa. ,"" `•, MARY K. WESTERMEYER s -r” 1< Commission Number 154885 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 54 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13 -2C -5 LIEN FOR FAILURE TO PAY BY PROVIDING THE PROCEDURE FOR DELINQUENT SEWERS AND SEWAGE DISPOSAL CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -2C -5 is amended to read as follows: Sec. 13 -2C -5: Lien For Failure To Pay: B. Certification Of Charges: It is the duty of the finance director -city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. Roy D uol, Mayor Attest: OFFICIAL PUBLICATION ORDINANCE NO. 54-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DIS- POSAL, ARTICLE C RATES, SECTION 13- 2C-5 LIEN FOR FAILURE TO PAY BY PROVIDING THE PRO- CEDURE FOR DELIN- QUENT SEWERS AND SEWAGE DISPOSAL CHARGES, ESTAB- LISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR - CITY TREASURER TO CERTIFY SUCH DELIN- QUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -2C -5 is amended to read as fol lows: Sec. 13 -2C-5: Lien For Failure To Pay: B. Certification Of Charges: It is the duty of the finance director - city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13- 1C -4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Past, approved, and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $15.05. Subscribed to before me, a this ,z7' day tri.."Yk—D �oestary Public in / i Notary Public in and for Dubuque County, Iowa. d for Dubuque County, Iowa, ,20/02. _ %a -i /lam MARY K. WESTERMEYER Commission Number 154885 Ont+ Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 55 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 11 BILLING, DELINQUENT ACCOUNTS AND COLLECTION PROCEDURES PROVIDING THE PROCEDURE FOR DELINQUENT STORMWATER MANAGEMENT CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -4 -11 is amended to read as follows: Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Procedures: A. Billing Procedure: The procedures for billing of the stormwater management service charges provided in section 13 -4 -6 through 13 -4 -8 of this chapter and for the collection of . delinquent stormwater management service charges are as provided in section 13 -1 C -4 of this title. B. Billing Directly For Stormwater Management Services: Contributors who are not billed by the city for water, sanitary sewer or refuse will be directly billed for stormwater management services by the city. In such instances, the billing and collection of stormwater management charges is subject to the same rules and procedures as to delinquency in payment, certification of delinquency, and property lien as provided in section 13 -1 C -4 of this title. Attest: Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. Kevin Fir stahl, City Cler sr Roy D. 'uol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 55-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORM - WATER MANAGE- MENT, SECTION 11 BILLING, DELIN- QUENT. ACCOUNTS AND COLLECTION PROCEDURES PRO -' VIDING THE PROCE- DURE FOR DELIN- QUENT STORMWA- TER MANAGEMENT CHARGES, • ESTAB- LISHING A LIEN FOR NONPAYMENT OF. SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR - CITY TREASURER TO CERTIFY SUCH DELIN- QUENT CHARGES TO THE COUNTY TREA- SURER Section 1. City of Dubuque Code of Ordinances §13 -4 -11 is amended to read as follows: Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Proce- dures: A. Billing Procedure:1 The procedures for billing of the storm - water management service charges pro- vided in section 13-4 -6 through 13 -4 -8 of this chapter and for the collection of delinquent stormwater manage- ment service charges are as provided in section 13 -1C-4 of this title. B. Billing Directly For Stormwater Manage- ment Services: Contri- butors who are not I billed by the city for water, sanitary sewer or refuse will be directly billed for stormwater manage- ment services by the city. In such instances, the billing and collection of storm - water management charges is subject' to the same rules and procedures as to delinquency in pay- ment, certification of delinquency, and pro- perty lien as provided in section 13 -1C -4 of this title. Section 2. This Ordinance takes effect on publication. 'T Past, approved, and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest /s /Kevin Firnstahl, City Clerk Published officially, in the Telegraph Herald newspaper on the 22nd day of Septergber, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $19.50. Subscribed to before me, a ary Public i d for Dubuque County, Iowa, this � day of,,41, ,20/„7„. . A6rW-Ztt.zde-e/l) Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 G.^a. t9lls, poi, 4, 0 14 r. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 56 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -7 CHARGES; BILLING AND COLLECTION BY PROVIDING THE PROCEDURE FOR DELINQUENT SOLID WASTE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -6A -7 is amended to read as follows: Sec. 13 -6A -7: Charges; Billing And Collection: D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director -city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13 -1 C -4 and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. Attest: Kevi S. Firnstahl, ity Clerk Roy D. uol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 56-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SER " VICE, SECTION 13-6A- 7 CHARGES; BILLING AND COLLECTION BY PROVIDING THE PRO- CEDURE FOR DELIN- QUENT SOLID WASTE CHARGES, ESTAB- LISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR - CITY TREASURER TO CERTIFY SUCH DELIN- QUENT CHARGES TO THE COUNTY TREA- SURER Section 1: City of Dubuque Code of Ordinances §13 -6A -7 is amended to read as follows: Sec. 13 -6A -7: Charges; Billing And Collection: D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director - city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13- 1C -4 and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Past, approved, and adapted the 17th day of September, 2012. /s /Roy D. Buol,Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $15.05. Subscribed to before me, a this a%tl day o Public i and for Dubuque County, Iowa, ,201 —. otary Public in and for Dubuque County, Iowa. •.F MARY K. WESTERMEYER1 Otnl-R 14 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 7 FINANCE DIRECTOR -CITY TREASURER AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY DELINQUENT UTILITY BILLING CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §1 -7 -7 is amended to read as follows Sec. 1 -7 -7. Finance Director -City Treasurer: H. Certification of Delinquent Utility Billing Charges: Pursuant to Iowa Code Section 384.84, the finance director -city treasurer will prepare, at least quarterly, an assessment schedule listing all delinquent utility billing charges and late payment charges which accrued in the prior month or since the last assessment schedule was prepared, and the finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the day of 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 1 -7 -7. Finance Director -City Treasurer: H. Certification of Delinquent Utility Billing Charges: Pursuant to Iowa Code Section - -- Formatted: a,:daed 384.84, the finance director -city treasurer will prepare, at least quarterly, an assessment schedule listing all delinquent utility billing charges and late payment charges which accrued in the prior month or since the last assessment schedule was prepared, and the finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 4 PAYMENT OF BILLS PROVIDING THE PROCEDURE FOR DELINQUENT WATER SERVICE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -1 C -4 is amended to read as follows: Sec. 13 -1 C -4. Payment of Bills: C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty -five (25) days following the billing date, there will be added to the bill a penalty of five percent (5 %) of the total utility bill for late payment. 2. If bills are not paid within thirty (30) days following the billing date, the city reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service will not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. 3. If a delinquency exists for a rental property in excess of sixty (60) days, the owner must assume responsibility for the future billings to such account. D. Lien for Nonpayment: 1. The city will have a lien upon the real property served by the city's water system for all delinquent charges. It is the duty of the finance director -city treasurer to certify such delinquent charges, plus the costs of administration, to the county treasurer and all such delinquent charges and costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 2. Bills for delinquent water service charges are subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. 3. For all active water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate computer data file. The notice must include the delinquent charge(s) and must indicate that if payment of the total amount is not made by a certain date (corresponding to the sixtieth (60th) day after the billing date for the delinquent account), the delinquent charge(s) will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent charges were incurred. 4. For all final water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate computer data file. The notice must indicate that if payment of the total amount is not made by a certain date (corresponding to the sixtieth (60th) day after the billing date for that delinquent account), the delinquent charge or charges will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent account charges were incurred. 5. If full payment of all charges billed in an active water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. If full payment of all charges billed in a final water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. A five dollar ($5.00) administrative processing fee will be charged to each delinquent account at the time it is included in the assessment schedule, which amount will be separately identified on the assessment schedule and included in the amount being assessed. The finance director -city treasurer will prepare an assessment schedule at least quarterly, listing all delinquent water service charges, and late payment charges, which accrued in the prior month or since the last assessment schedule was certified. Each such assessment schedule must also identify each delinquent charge by name of the account holder in whose name the delinquent rates or charges were incurred, must identify each property for which water service charge is delinquent, and must show the delinquent charges and the administrative processing fee to be assessed against each such property owned or rented by the delinquent account holder. The finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer as provided in the Iowa Code Section 384.84. 6. Such lien will be enforced until payment in full of the delinquent charges and the administrative processing fee shown on the assessment schedule is made at the office of the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the day of 12012. Roy D. Buol, Mayor IG[iiml Kevin Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 13 -1 C -4. Payment of Bills: C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty-five (25) days following the billing date, there shall -will be added to the bill a penalty of five percent (5 %) of the total utility bill for late payment. 2. If bills are not paid within thirty (30) days following the billing date, the city reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service s14a4will not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. 3. If a delinquency exists for a rental property in excess of sixty (60) days, the owner 64a4must assume responsibility for the future billings to such account. D. Lien for Nonpayment: 1. The city shallwill have a lien upon the real property served by the city's water system for all delinquent rates and charges. It ig "tea the duty of the rnaRage-rfinance director -city treasurer to certify such delinquent sgstw rges, plus the costs of administration, to the county treasurer and all such costs sha4will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 2. Bills for water service charges areshall subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. 3. For all active water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate computer data file. The notice must include the delinquent charge(s) and must account), the delinquent charge(s) will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent charges were incurred. 4. For all final water service accounts, if full payment of all charges billed, including late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delinquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the computer database account records of the city or in the county auditor's real estate is not made by a certain date (corresoondina to the sixtieth (60 "') day after the billing date for that delinquent account), the delinquent charge or charges will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent account charges were incurred. 5. If full payment of all charges billed in an active water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. If full payment of all charges billed in a final water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment schedule listing such unpaid charges therein. A five dollar ($5.00) administrative processing fee will be charged to each delinquent account at the time it is included in the assessment schedule, which amount will be separately identified on the assessment schedule and included in the amount being assessed. The finance director -city treasurer will prepare an assessment schedule at least quarterly, listing all delinquent water service charges, and late payment charges, which accrued in the prior month or since the last assessment schedule was certified. Each such assessment schedule must also identify each delinquent charge by name of the account holder in whose name the delinquent rates or charges were incurred, must identify each property for which water service charge is delinquent, and must show the delinquent charges and the administrative processing fee to be assessed against each such property owned or rented by the delinquent account holder. The finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer as provided in the Iowa Code Section 384.84. 6. Such lien will be enforced until payment in full of the delinquent charges and the administrative processing fee shown on the assessment schedule is made at the office of the county treasurer. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13 -2C -5 LIEN FOR FAILURE TO PAY BY PROVIDING THE PROCEDURE FOR DELINQUENT SEWERS AND SEWAGE DISPOSAL CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -2C -5 is amended to read as follows Sec. 13 -2C -5: Lien For Failure To Pay: B. Certification Of Charges: It is the duty of the finance director -city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13 -1C -4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the day of 2012. Roy D. Buol, Mayor U irmi Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 13 -2C -5. Lien For Failure To Pay: B_Certificaton Of Charges: It shall apis the duty of theme inance• -- Formatted: Justified director -city treasurer to certify the actual rates and charges tQ th@ Gty ^' °F'- Whe ^ hirn shall nohify 6619h ,.^^+^ plus the costs of administration to the county treasurer as provided in section 13 -1C -4 of this title, and all such costs 6 al-will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 11 BILLING, DELINQUENT ACCOUNTS AND COLLECTION PROCEDURES PROVIDING THE PROCEDURE FOR DELINQUENT STORMWATER MANAGEMENT CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -4 -11 is amended to read as follows Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Procedures: A. Billing Procedure: The procedures for billing of the stormwater management service charges provided in section 13 -4 -6 through 13 -4 -8 of this chapter and for the collection of delinquent stormwater management service charges are as provided in section 13 -1 C -4 of this title. B. Billing Directly For Stormwater Management Services: Contributors who are not billed by the city for water, sanitary sewer or refuse will be directly billed for stormwater management services by the city. In such instances, the billing and collection of stormwater management charges is subject to the same rules and procedures as to delinquency in payment, certification of delinquency, and property lien as provided in section 13 -1 C -4 of this title. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the day of 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Procedures: A. Billing Procedure: The procedures for billing of the stormwater management service charges provided in sections 13 -4 -6 through 13 -4 -8 of this chapter and for the collection of delinquent stormwater management service charges &4a44 -beare as provided in section 13- 2S1C -�5-4 of this title. B. Billing Directly For Stormwater Management Services: Contributors who are not - -- Formatted: a,:daed billed by the city for water, sanitary sewer or refuse &ha4 -will be directly billed for stormwater management services by the city. In such instances, the billing and collection of stormwater management charges shall beare subject to the same rules and procedures as to delinquency in payment, certification of delinquency, and property lien as provided in section 13-291 C -4-4 of this title. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -7 CHARGES; BILLING AND COLLECTION BY PROVIDING THE PROCEDURE FOR DELINQUENT SOLID WASTE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordinances §13 -6A -7 is amended to read as follows: Sec. 13 -6A -7: Charges; Billing And Collection: D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director -city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13 -1 C -4 and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the day of 12012. Roy D. Buol, Mayor Uffiiml Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 13 -6A -7. Charges; Billing And Collection: D. Certify Delinquent Accounts To County Treasurer: It ig "tee the duty of the sift' maRageginance director -city treasurer to certify the actual rates and fees to the City plus the costs of administration to the county treasurer as provided in section 13 -1 C -4 and all such costs will°"gll thp-n constitute a lien against said property and be collected with and in the same manner as general property taxes on said property.