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Home My WebLink About20090720 - VIII-C-1_ ~ r.. .. _;;,.,.. .,;.- ~ ~ ...... _... ., . _,~.- ;,„, _.. .~. TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director RE: Utility Bill Charge Write off DATE: July 14t", 2Q49 Back Ground The Finance department received the attached letter in regards to Utility account 09- 028000-03. I have included the ale copy of the NSF notice and the certified letter receipt. The receipt does indicate the certified letter was delivered to a different address on 6/23/09. There is no indication on how to get a hold of Elaine Meier. This account was turned off due to lack of payment. The citizen is requesting a write off of the $132.00 shut off and NSF fees.. The letter details the events that led up to the shut off. This situation does not fit under the administrative policy that is in place to allow Finance to write off fees on accounts by having the account set up on an automatic pay plan. Council Action Re uested~ While it is unfortunate there was a chain of events beyond the customers control as well as the City's it is the customer's responsibility to inform the City of a change of address to ensure proper and timely billing. It is Staff's recommendation to deny the waiver of the $ 132.00 fee request. ~. t~l' Ma~tir + i~}~. ~'oWrlh: resat. ~~~ ~ Ha~~~~~; kA~l ~~Ci3~~3.~ sa ~ {a:~.~:3 + i':~5~~+4~7'-A~~ • err. ~~. h~s~l~~, r~rr. u5 July 1, 2009 Dear Council Members, I am writing on behalf of my 83 year-old hearing-impaired friend who I recently helped move from a condo on 925 Bahls Drive, apt 105 to the Park Ridge senior apartments. Elaine Meier lost her husband 8 years ago and has done a good job in always paying her bills on time and learning to manage finances for the first time in her life. _ . _-- ... _ _Elaine changed chec)~ accounts ia_May and foot to stop using the old checks until a .... few days after that account was closed. One of the checks she wrote was to pay her water bill in early June. When she learned that it bounced, she was upset and felt very bad. Elaine has never missed a payment. She wrote a letter to Utilities Dept. to explain and sent a new check. Unfortunately after receiving the bad check, the city sent a certified. letter to her old address, which is an unoccupied condo, to notify her that if she does not pay, the water will be shut off in 5 days. The mail carrier allowed the old neighbor, who is a slightly mentally delayed man named Gordy, and also her friend, to sign for the letter, but the letter never got to Elaine. There was also a red postcard taped to the vacant condo door that Gordy did bring to Elaine on June 25"'', stating the water would be shut off June 24~` if payment not made. Elaine's payment arrived 1 day after the water was shut off and now there is a $132 charge for the shut of and turning on of the water in the place she no longer lives and is ug for sale. Ultimately bills are the responsibility of the owner but Elaine has always paid on time and she did this time in good faith making an honest mistake with the first check and sending another when she learned of her error. I feel there was some fault with the postal service as well is allowing this important certified letter to be signed by a neighbor thus defeating the purpose of the certified letter. Elaine's other mail has been forwarded to her new address so this letter should have been as well. The point of this letter is to ask the council to please waive the costly fee for the shut off and huzuing on of the water due to the unusual circumstances. The fact is that Elaine Meier did in fact make an effort to pay this bill twice and has never before been late with any payment. She has not lived in that condo since April so it is vacant and up for sale, thus there is no water Ming used. We would greatly appreciate any ccxicessions you could allow in this matter. Thank you. Elaine Meier now lives in senior housing at Park Ridge Apartments and. the new address: Elaine Meier account 09-028000-03 901 16~ Street W. # 215 925 Bahls Drive #105 Hastings, MN 55033 Sincerely, ~?.t.o n.a,. s~-~1.~.~C. Deone Sahli 20945 Putting Avenue, Hastings, MN 55033 651-437-1969 ,~ m a-~ m a ru ~ 0 $ o v rrr a a n N ~: ~ T ~ . • i z N ei a 3 . oa Sooo. ~~ FILE COPY Adjustment f~r~r Di$h~n~>~~d e~teck The City of Hastings policy relating to NSF checks states all checks that are returned for payment of a utility bill will result in the account being reflected as unpaid. The amount of the dishonored check will be reversed from the City=s Finance System. The account may then be considered.delinquent (as in accordance with the City=s Utility Billing Policies) late penalties will then be assessed. Name: Elaine A Meier Check Amt: $27.$9 Address: 925 Bahls Drive #105 Reason: Closed Account ADJUSTMENT PROCEDURES Y I. Certified Letter Date: 3une 16, 2009 (Attach Certified Mail Receipt) II. Payment Received Date: III. Reversal Posting Amount in~c~a1 Payment Amount: Z1. 10 % Penalty: $10 Penalty: $30 NSF Fee: 30. ~ ~ Total Posted: Gj~, g~ v IV. Reversal entered into Cash Balance worksheet ~ V. Process Disconnect Notice (if applicable) ~~~1 ~ °~ VI. File ~157•g`~ FIN.NSF-2.1 CITY OF 'I NOTICE AND DEMAND FOR PAYIl~NT OF DISHONORED HASTINGS CHECK ITY HALL 1014th Street East Hastings, A4N 55033-1955 Elaine A Meier, you are hereby notified that a check dated, 6/512009, drawn on the 65I-480-2350 Wells Fargo Bank, NA of Minnesota ir- the amount of $27.&9, bearing the signature of Fax: 65I-437-7082 Elaine A Meier has been returned unpaid. Tine payment has been refused by your www.ci.hastings.mn,us financial institution due to Closed Account. cityhall@ci.hastings.mn.us Therefore, the amount of the Closed Account check has been reversed from your utility Department of account at 92S BahLs Drive #105.. The bill may now be considered delinquent, as in Building Safety accordance with the City's Utility Billing Policies, this may result in fate penalties being 65i-480-2342 assessed. Engineering/ The amount now due is $27.89, plus a NSF penalty of $30.00, totaling $57.$9, If this is Planning/HRA/HPC not taken care of within Bve (5j days, discQnnecfion procedures will follow. Please 651-480-2334 remit paymeat for disheaored check by cashiers check, a money order or cash immediately. When remitting payment please present this notice along with payment. If you should have any questions, feel free to contact me at (65 I) 480-2350. Public Works 12.25 Progress Drive gnature Date 651-480-6185 ~ f } ~ / Parks & Recreation ~' ention ~ ~ to the laws of the State with reference to checks, extracts of which laws appear below, 920 10th Street West and demand is hereby made for paym~t of the above t~ntioned cheek in acooedanie with the law 651-480-6175 F.xtracrs from Mi¢~o~o ~ Statute relating to the issuance of cbeclc wlt/rotrt Su,~lcient ford and the; Penalty Thereof Section 609.535 Issuance of Dishonored Check Police Subd 1. Acts constituting. Whoever issues a check which, at the time of issuance, the issuer intends shall not be paid, is guilty of issuing a dishonored check and may be sentenced as provided in subdivision la. In addition, restitution may be I50 3rd Street East ordered by the court 651-480-2300 Suhd. 3. Proof of intent Any of the followi+ag is evidence sufficient to sustain a footing that the person at the time the persoxi issued the check iT7fPlded lr9hotdd not be paid' 1. proof that. at the time of issuance, the issuer did not have an account with the drawee; 1. proof that, at the time of issuance, the issuer did not have sr~"tcient funds or credit with the drawee and that the Fire issuer failed to pay the check within five business days after mailing of notice ojnonpayment or dishonor as provided in this subdivision; or 115 5th Street West 3. proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit 65 i-480-6150 with the drawee and that the issuer failed to pay the check wilhin~ business days after mailing of the notice or dishonor as provided in this subdivision. Notice of eronpayrnent or dishonor that includes a citation to and a description of the penalties in this section shall be sent by the payee or holder of the check to the maker or drawer by cert~ed mail, return receipt requested or by r¢gtdar Civic Arena supported by an affulavit of service by mailing, to the address printed on the check llefusal by the maker or drawer o the 2$01 Red Wing Souievard check to accept certified mail notice or failure to claim certified or regular mail notice is not a defense that the notice was not received 651-480-6159 Aquatic Center 901 Maple Street 651-480-2392 FIN.NSF-2