(A) Findings, purpose and intent. This section is adopted for the purpose of authorizing the city to establish and charge user service charges for fire services as described in this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL BUILDING and INSTITUTIONAL BUILDING. Any structures that are used or intended, either by the nature of its construction or by any conditional use permits, interim use permits or business licenses issued to be used for commercial, institutional or industrial purposes. Rental housing of any type is considered to be commercial for the purposes of this section.
EMERGENCY MEDICAL RESPONSE (NON-MOTOR VEHICLE INCIDENT). Any medical response not involving a motor vehicle where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions of any injured persons.
EXCAVATOR. A person who conducts excavation.
FIRE SERVICE. Any deployment of firefighting 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 firefighting personnel and/or equipment to provide fire suppression, rescue, extrication or any other services related to fire and rescue as may occasionally occur. Such deployment constitutes FIRE SERVICE regardless of whether these services are actually performed.
FIRE SERVICE CHARGE. The charge imposed by the city for receiving fire service.
HAZARDOUS SUBSTANCE. Any chemical or chemical compound that is listed as a hazardous substance in rules adopted under M.S. Ch. 182, as it may be amended from time to time.
ILLEGAL ACTIVITIES. Any activity in violation of state statute, rules and regulations or city or county ordinances, which may be criminal or merely not in conformity therewith.
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 any vehicle propelled or drawn by a self-propelled vehicle, and includes semi-trailers, snowmobiles, all-terrain vehicles and campers.
MOTOR VEHICLE OWNER. Any person, firm, association or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
PERSON. The state, a public agency, a local governmental unit, an individual, corporation, partnership, association, business, public entity or a trustee, receiver, assignee or personal representative of any of them.
RESIDENTIAL BUILDING. Any structure which is used or intended by the nature of its construction to be used by persons for living and sleeping quarters, but shall not include hotels, motels or other buildings intended primarily for transient lodging. Rental housing of any type is considered to be commercial for the purposes of this section. RESIDENTIAL BUILDINGS shall also include outbuilding, barns and other structures which are not defined as commercial or institutional buildings, as defined herein.
UNDERGROUND PIPELINE UTILITY. An underground line, facility, system and its appurtenances used to produce, store, convey, transmit or distribute gas, oil, petroleum products and other similar substances.
VACANT PARCEL. Any property parcel that does not include any building improvements.
(C) Conflicts. In the event of any conflict between the provisions of this section and applicable provisions of state law, rules or regulations, the latter shall prevail.
(D) Fire service charges in general.
(1) The collection of fire service charges for fire service shall be pursuant to M.S. §§ 366.011 and 415.01, as they may be amended from time to time, and any other applicable statute. Collection of unpaid service charges shall be as authorized in M.S. § 366.012, as it may be amended from time to time.
(2) Said fees shall be established for actual costs incurred by the Fire Department in responding to the incident as identified below. For any incidents not listed below, the fee shall be for the actual costs incurred by the Fire Department in responding to the incident.
(3) For incidents for where the actual costs incurred by the Fire Department in responding to the incident is charged, the fees shall include, but shall not be limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department, materials used during the incident and, where identified, damage to Fire Department trucks and equipment.
(4) When a particular service rendered by the Fire Department directly benefits more than one person or property, the owner of each property so benefitted and each person so benefitted (where the property protection only is not involved) shall be liable for the payment of the full charge for such service to his or her respective property, as hereinbefore outlined.
(5) Parties billed the fire service charge will have 30 days to pay. If the service charge is not paid by that time, it will be considered delinquent and the city will send notice of delinquency.
(6) 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 service charge, including the provisions of M.S. § 366.012, as it may be amended from time to time. The party receiving the service shall be liable for all collection costs incurred by the city including, but not limited to, administrative costs, attorneys fees, recording fees and court costs.
(7) Any party aggrieved by a charge authorized in this section may appeal the charge as follows.
(a) Within the time period for which a bill is payable, the party shall file a written request with the Secretary-Treasurer of the city’s Area Fire District Board (hereinafter referred to as the “Fire Board”) setting forth specific reasons why the charge is improper.
(b) The Secretary-Treasurer shall notify the aggrieved party, in writing, of the time, place and date the Fire Board will hold a hearing on the issue.
(c) The Fire Board may grant relief on appeal if it finds good cause and sufficient proof to satisfy the Fire Board.
(d) The Fire Board may extend the time for payment for a reasonable period.
(E) Fire service charges. The service charges shall be as follows.
(1) Emergency medical response (non-motor vehicle incident).
(a) Emergency medical response (non-motor vehicle incident) is any medical response not involving a motor vehicle where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions of any injured persons.
(b) With regard to emergency medical response (non-motor vehicle incident), there shall be no charge.
(c) Should it be determined by the city that the medical response falls within divisions (E)(2), (E)(8), (E)(9) and (E)(10) below, then an invoice for the actual costs of the Fire Department in response to the medical emergency will be sent to the property owner or owner’s insurance company including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(2) Motor vehicle incident.
(a) A motor vehicle incident is any response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions of any injured persons. This would include, but not be limited to: extrication; medical care; absorbing liquid spills; vehicle system safety; vehicle stabilization; and traffic control.
(b) An invoice will be sent to the motor vehicle owner or owner’s insurance company for actual costs incurred by the Fire Department to respond to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department. In the event the owner cannot provide insurance information and is charged for the offense, the city reserves the right to collect the fee through the criminal process as defined in the state statutes.
(c) If there is more than one motor vehicle involved for which Fire Department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge.
(3) Residential fire.
(a) A residential fire is any incident response to a fire involving a residential building, as defined in this section.
(b) With regard to residential building fires, an invoice will be sent to the property owner or owner’s insurance company for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(4) Commercial or institutional building fire.
(a) A commercial or institutional building fire is any incident response to a fire involving a commercial or institutional building as defined in this section.
(b) With regard to commercial or institutional building fires, an invoice will be sent to the property owner or owner’s insurance company for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(5) Grass fires within a state trunk highway or county right-of-way.
(a) A grass fire is any incident response to a grass fire within or outside of the right-of-way of a state trunk highway, county road or city road if the fire originated within the right-of-way of a state trunk highway, county road or city road as defined in M.S. § 161.465, as it may be amended from time to time.
(b) An invoice will be sent to the Commissioner of Transportation or County Administrator for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(6) Technical rescue.
(a) A technical rescue is any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions of the persons in need of rescue.
(b) An invoice will be sent to the person, corporation or business receiving rescue service for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(7) Search and rescue.
(a) A search and rescue is any incident response to a search and/or rescue of a missing person where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions of the person in need of rescue.
(b) With regard to search and rescue services, there shall be no charge.
(8) Underground pipeline utility breaks.
(a) An underground pipeline utility break is any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident.
(b) An invoice will be sent to the excavator or person responsible for the pipeline utility break for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(c) In addition, the bill for service shall also include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies and/or communication equipment.
(9) Hazardous material.
(a) A hazardous material incident is any response to the release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance or otherwise improve the conditions or protect the public.
(b) An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(c) In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies and/or communication equipment.
(10) Fire as the result of illegal activities.
(a) A fire as the result of illegal activities is any incident response to a fire that resulted from illegal activities occurring on the property as defined in this section. Examples of this would include, but not be limited to, methamphetamine labs, commercial and industrial operations where a necessary permit or license is required but has not been obtained from the city, or the burning of debris without a properly issued burn permit.
(b) An invoice will be sent to the property owner or owner’s insurance company for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(c) In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies and/or communication equipment.
(11) Arson fire.
(a) An arson fire is any incident response to a fire where a person is charged under state law.
(b) An invoice will be sent to the property owner or owner’s insurance company for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(c) In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies and/or communication equipment.
(d) The fire investigator responsible for the incident investigation will forward all costs expended by the Fire Department in association with the incident to the court for reimbursement through restitution.
(12) Fire on vacant land.
(a) A fire on vacant land is any incident response to a fire involving a fire on vacant parcel as defined in this section.
(b) An invoice will be sent to the property owner or owner’s insurance company for actual costs incurred by the Fire Department in response to the incident including, but not limited to, $500 for the first hour and $250 for each additional hour (or portion thereof) of service provided by the Fire Department.
(Ord. 230, passed 12-18-2013)