(A) Purpose and intent. This section is adopted for the purpose of authorizing the City of Elbow Lake to impose on and collect fees from persons or entities to which the city provides fire service pursuant to an agreement or anyone who receives 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.
FIRE PROTECTION CONTRACT. A contract between the city and a town, township, or other city for the city to provide fire service.
FIRE SERVICE. Any deployment of firefighting personnel, first responders and/or equipment to extinguish a fire, perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire, or provide first responder services. It also includes the deployment of firefighting personnel (including first responders) and/or equipment to provide fire suppression, rescue, extrication, and any other services related to fire, rescue or emergency services as may occasionally occur.
FIRE SERVICE CHARGE. The charge imposed by the city for receiving fire service.
LAST KNOWN ADDRESS. The address shown on the records of the Office of the County Treasurer or a more recent address known to the fire department. In the case of parties not listed in these records, the last known address shall be the address obtained by the fire department after a reasonable search.
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.
MUTUAL AID AGREEMENT. An agreement between the city and a town, township or other city for the city's fire department to provide assistance to the fire department of a town, township, or other city.
PARTY. Anyone who receives fire service as a result of an incident, event, or accident within the city or a city or township serviced by a fire protection contract or mutual aid agreement.
(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 accident or fire 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 for fire service. The City Council shall determine, on an annual basis, the rates per run for car accidents, extrication, rescue calls, or such other fire service as may be provided by the fire department, and shall pass by resolution the current fees to be charged for such service.
(E) Billing and collection.
(1) Parties requesting and/or receiving fire services will be billed directly by the city within 30 days of the fire service. Additionally, if the party receiving fire services did not request services, which at the discretion of the fire department personnel in charge required fire service, the party will be charged and billed. 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.
(F) Mutual aid and fire protection agreements. When the city fire department provides fire service to another fire department pursuant to a mutual aid agreement, the billing will be determined by the mutual aid agreement. When the city fire department provides fire services to another fire department pursuant to a fire protection contract, the billing will be determined by the contract.
(G) 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. passed 7-5-16)