(A) Purpose and intent. Pursuant to M.S. §§ 366.011, 366.012 and 415.01, as they may be amended from time to time, the city shall have the authority to charge the recipient of fire service response calls in the city limits and within any area served under a mutual aid agreement. The charge shall be at the rate set on the city fee schedule adopted from time to time.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
FIRE SERVICE. The deployment of firefighting personnel or equipment or both to extinguish a fire or perform any preventative measure in an effort to protect equipment, life or property in an area threatened by fire. The term also includes the deployment of firefighting personnel and equipment or both to provide fire suppression, rescue, vehicle extrication, vehicular accident scene safety, traffic control and other related services as may be necessary at the scene of an emergency.
FIRE SERVICE CHARGE. The charge imposed by the city for providing fire service.
MOTOR VEHICLE. A self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. The term includes semi-trailers, but does not include snowmobiles, manufactured homes, all-terrain vehicles or park trailers.
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. The following parties are affected:
(1) Owners of property within the city who received fire service;
(2) Anyone who receives fire service within or outside of the city; and
(3) Owners of property in towns to which the city provides fire service pursuant to a fire protection contract.
(D) Billing and payment for fire services.
(1) Parties requesting and receiving fire services may be billed directly by the city. Additionally, if the party receiving emergency services did not request fire services, but a fire or other situation exists which, at the discretion of the Fire Department personnel in charge, requires 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 service 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 60 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 the 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) (a) City residents. If the fire service charge of a resident of the city 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 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 emergency service charge by September 15.
(b) City non-residents. If the fire service charge of a party who is not a resident of the city remains unpaid for 30 days after the notice of delinquency is sent and, if the party is a resident of a township that is receiving fire services under a mutual aid agreement (the township), the City Council will send the bill for the fire service charge to the township for payment. The city will provide the township with all necessary records and information so as to allow the township to pursue further collection of the fire service charge against the delinquent party.
(5) False alarms will be billed as an emergency call or charged a rate set on the city fee schedule.
(6) When the city’s 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.
(7) All collected fire service charges will be used to offset the expenses of the city’s Fire Department in providing fire services.
(Prior Code, § 32.12) (Ord. 624, passed 12-2-2003; Ord. 636, passed 1-3-2006; Ord. 2-2007, passed 1-1-2007; Ord. 5-2011, passed 7-5-2011)