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Item 6.b.
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| City Council Regular | |
| Date: | 09/11/2023 |
| Title: | Public Hearing and Resolution Levying and Assessing Properties for Delinquent Sewer and Solid Waste Services |
| Presented by: | Jennifer Duray |
| Department: | Public Works |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and approve the resolution levying and assessing charges for delinquent sewer and solid waste services.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Public Works typically terminates the water service for non-payment of utility accounts. However, sewer-only or sewer/solid waste accounts within the County Water District of Billings Heights (CWDBH) has been an ongoing issue as the CWDBH cannot terminate a customers' water for the city's delinquent accounts. Digging up and plugging sewer services is expensive and only done in extreme cases. MCA 7-13-4109 and MCA 7-13-4108 provide for the City to collect delinquent sewer and solid waste charges by assessing all delinquent amounts, including interest, as a tax against the lot or parcel of real estate to which service was furnished. Customers with delinquent sewer and/or solid waste accounts are provided multiple notices and sufficient opportunity to pay the balance due prior to the delinquent charge being assessed as a tax. Public Works staff reviews all sewer and/or solid waste delinquent accounts regularly and attempts to collect any past due amounts by providing information regarding delinquency on monthly statements and collection notices. If account information includes telephone or email addresses, staff will also attempt communications via these methods. Staff has offered payment arrangements to delinquent accounts which would allow the property owner to avoid levying and assessing property. As required by MCA 7-13-4309 and 7-13--4108, Public Works also sent a notice that the delinquent charges would be assessed as a tax prior to the July 7th deadline. Included in the resolution is the list of properties that are being assessed delinquent sewer and/or solid waste charges.
ALTERNATIVES
City Council may:
- Approve this resolution to levy and assess delinquent sewer and/or solid waste charges; or,
- Not approve this resolution in which case the balance of the arrearages will be placed with a collection agency.
FISCAL EFFECTS
The total amount of delinquent sewer and/or solid waste charges being assessed is $22,328.53 which will reimburse the sewer and solid waste funds for services.