HF 428

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the city of Minneapolis; clarifying the 
  1.3             procedure for utility charge assessments. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [MINNEAPOLIS UTILITY CHARGE ASSESSMENTS.] 
  1.6      Subdivision 1.  [BECOMES LIEN WHEN DELINQUENT.] An 
  1.7   assessment levied by the city of Minneapolis for delinquent 
  1.8   utility charges, and interest and penalties on the charges under 
  1.9   Minnesota Statutes, section 272.32; Laws 1969, chapter 499; Laws 
  1.10  1973, chapter 320; or Laws 1994, chapter 587, article 9, section 
  1.11  4, with accruing interest, is a lien upon all property included 
  1.12  in the assessment, concurrent with general taxes, from the date 
  1.13  the utility charges become delinquent, regardless of the date 
  1.14  the assessment is levied.  The time of effect of a lien attached 
  1.15  for delinquent utility charge assessments supersedes any 
  1.16  contrary law in Minnesota Statutes, section 272.32 or 429.061. 
  1.17     Subd. 2.  [WHEN DELINQUENT; STATEMENT REQUIRED.] Utility 
  1.18  charges become delinquent for the purposes of this section when 
  1.19  they are set forth in a statement sent by the city of 
  1.20  Minneapolis to the current billpayer of the property subject to 
  1.21  the utility charges and are not paid in full on or before the 
  1.22  due date stated in the statement.  The utility billing office of 
  1.23  the city of Minneapolis shall provide a written summary of 
  1.24  unpaid utility statements within ten business days of receipt of 
  2.1   a written request for a specified real property title 
  2.2   transaction.  If a summary is not provided by the utility 
  2.3   billing office within the requested time or a previous statement 
  2.4   charge is omitted, those charges and the lien under subdivision 
  2.5   1 are not enforceable against third parties who rely upon the 
  2.6   summary for real property transaction purposes. 
  2.7      Subd. 3.  [UTILITY CHARGES DEFINED.] "Utility charges," in 
  2.8   this section, includes all fees, taxes, special charges, or 
  2.9   other charges imposed by the city of Minneapolis in connection 
  2.10  with the provision of services for sewer, water, solid waste 
  2.11  collection and management.  
  2.12     Subd. 4.  [NOT CONVEYANCES.] The statement issued by the 
  2.13  city of Minneapolis for utility charges or any instrument in 
  2.14  writing created in connection with any assessment for delinquent 
  2.15  utility charges subject to this section are not conveyances as 
  2.16  defined in Minnesota Statutes, section 507.01, and are not 
  2.17  subject to the requirements of Minnesota Statutes, chapter 507, 
  2.18  regarding conveyances of real estate.