Fillmore council weighs landlord-tenant utility bills

FILLMORE — With issues cited with a particular billing in the last year, Fillmore leaders perhaps furthered a precedent locally on the responsibility for utility payments Thursday evening.

Clerk Works’ Monica Bray, who is continuing to assist the town independently, brought concerns to the Fillmore Town Council regarding payments for a duplex on Westwood Road. The root of this lay in whose name the payments were expected to be made.

Bray reported that the landlord of the duplex in question had requested that the utilities go under the tenant’s name, but that a new account was not created with the town. She added that a utility application was not submitted, apart from no contact information to reach them by.

“I feel like it’s hard to make someone pay for something that they hadn’t signed up for,” Bray prefaced to not have the now-moved-out tenant charged, in turn advocating that the bills were a surprise to them.

Bray noted that the landlord transfers wastewater on the separate unit with the duplex, but with this being considered an unmetered service with a flat rate. A contract otherwise signed between the tenant and the landlord would have payments for metered services transferred to the former.

With there being no physical evidence, Bray said there is record of the request being made over the phone. In the end, she noted that no deposits have been made by either party.

“We know that when someone comes in to turn on service, you sign a utility contract, you pay a deposit,” Bray said, emphasizing that the issue began before either she or new clerk-treasurer Andi Schardt came in.

Town Attorney Jeff Boggess opined that it was the council’s decision on the responsibility either way. Providing that it was difficult to account for how many bills had actually been received, Bray stipulated that the landlord be given time to work out the payments.

“Really, it’s not up to us to interpret their contract,” Boggess said, acknowledging a point by Councilman Jerry Huff on the tenant not being responsible for an unlisted service. Huff still provided the tenant left without them being paid.

Councilman C.J. Huller cited an ordinance stating that landlords are ultimately responsible. As such, the council agreed on sending the bills to the landlord, provided they should discuss them with the tenant.

In other business:

• Meredith Trusty was re-slated as the council’s president, while Huff was approved as its vice president.

• The council adopted Resolution 2023-1 formally acknowledging Schardt as the town’s clerk-treasurer. She was appointed at the council’s meeting last month.

With Schardt, Bray, Boggess and the whole council present, Utility Operator Joe Cash meanwhile was absent at the meeting.

The next regular meeting of the Fillmore Town Council is set for Thursday, Feb. 2 at 7 p.m. at the Fillmore Town Hall.