(A) Purposes and intent. This section is adopted for the purpose of authorizing the city to charge for fire service as authorized by M.S. §§ 366.011, 366.012, and 415.01.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FALSE ALARM. Any fire service call for which fire service was not required, including false reports in violation of state law.
(2) FIRE PROTECTION CONTRACT. A contract between the city and a town, or other city, for the city to provide fire service.
(3) FIRE SERVICE. Any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of fire fighting personnel and/or equipment to provide fire suppression, rescue, extrication, and any other services related to fire and first responders rescue as may occasionally occur.
(4) FIRE SERVICE CHARGE. The charge imposed by the city for receiving fire service.
(5) MOTOR VEHICLE. Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles, or park trailers.
(6) MUTUAL AID AGREEMENT. An agreement between the city and a town, or other city, for the city’s Fire Department to provide assistance to the fire department of a town or other city.
(C) Parties affected.
(1) Owners of property within the city who receive fire service.
(2) Anyone who receives fire service as a result of a motor vehicle within the city.
(3) Owners of property in towns or cities to which the city provides fire service pursuant to a fire protection contract.
(D) Rates. The fire service charges shall be set forth in the current city fee schedule.
(E) Billing and collection.
(1) Parties requesting and receiving fire services may be billed directly by the city. Additionally, if the party receiving fire services did not request services, but a fire or another situation exists requiring, at the discretion of the Fire Department personnel in charge, fire service, the party will be charged and billed for such service. All parties will be billed whether or not the fire service is covered by insurance. Any billable amount of the fire charge not covered by a party’s insurance remains a debt of the party receiving the fire service.
(2) Parties billed for fire service will have 30 days to pay. If the fire service charge is not paid by that time, it will be considered delinquent and the city will send a notice of delinquency.
(3) If the fire service charge remains unpaid for 30 days after this notice of delinquency is sent, the city will use all practical and reasonable legal means to collect the fire service charge. The party receiving fire service shall be liable for all collection costs incurred by the city including, but not limited to, reasonable attorney fees and court costs.
(4) If the fire service charge remains unpaid for 30 days after the notice of delinquency is sent, the City Council may also, on or before October 15 of each year, certify the unpaid fire service charge to the County Auditor in which the recipient of the services owns real property for collection with property taxes. The County Auditor is responsible for remitting to the city all charges collected on behalf of the city. The city must give the property owner notice of its intent to certify the unpaid fire service charge by September 15.
(5) A false alarm will be billed as a fire call only after 1 prior false alarm within a 12-month period by the same property owner.
(F) Cost of damaged equipment and materials used. If there is any damage to equipment of the Center City Fire Department, or supplies or materials used during service provided under this agreement, the cost of repair or replacement of the damaged equipment and the cost of the supplies and materials used may be billed separately, at the request and discretion of the Fire Chief.
(G) Mutual aid agreement. Any charges for mutual aid service shall be determined by the current mutual aid agreement, and such amounts shall be considered fees authorized by this chapter.
(H) Application of collections to budget. All collected fire charges will be city funds and used to offset the expenses of the city Fire Department in providing fire services.
(Ord. 2012-02-08A, passed 2-8-2012)