Council orders landlord to pay half of $4,397 utility bill or face special assessment

The Grafton City Council voted on Oct. 13 to require property owner John Tweten to pay 50% of an outstanding utility balance tied to properties at 504 and 506 Hill Avenue or face a special assessment for the full amount.

City Attorney Rob Fleming explained the unpaid bills stemmed from a contract-for-deed default by Mark Petri; when Tweten regained title after Petri defaulted, the utility balances remained in Tweten’s name. Mr. Fleming described the city’s policy under an Assignment of Claim: offer the landlord the option to pay 50% of the outstanding bill and refer the remainder to collection. Account Clerk Nicole Burns told the council the full balance is $4,397.15 and that a landlord would be responsible even if the tenant put the accounts in the tenant’s name.

Greg Young moved that 50% of the bill ($2,198.58) be paid by Monday, Oct. 20, 2025, or the full amount ($4,397.15) be special-assessed to the property for one year at 5.50% interest. Donavon McMillian seconded the motion. Mayor Chris West commented he did not feel it was right to assess the new property owner two years later. The roll-call vote was McMillian, Osowski and Young in favor; Mr. Ray opposed; the motion carried.

The minutes do not record whether the city sent prior delinquent notices to Mr. Tweten or whether the owner disputed receiving notices; Tweten said he did not recall getting delinquent notices. The minutes also note Mark Petri has had a warrant for his arrest since February 2024 for issuing an NSF check for utilities in the amount of about $1,600. The council’s action establishes a payment deadline and an administrative path to special assessment if the payment is not made.