(A) Purposes and intent. This section is adopted for the purpose of authorizing the City of Menahga to charge for fire service as authorized by M.S. §§ 366.011, 366.012, and 415.01, as may be amended from time to time.
(B) Definitions. For this section, the following definitions shall apply unless the context indicates or requires a different meaning.
FIRE PROTECTION CONTRACT. A contract between the city and a town or other city for the city to provide fire service.
FIRE SERVICE. Any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventative measure 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 rescue as may occasionally occur.
FIRE SERVICE CHARGE. The charge imposed by the city for receiving fire service.
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 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 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. The charges for services shall be set and amended from time to time by resolution of the City Council and included on the fee schedule of the city.
(E) Billing and collection.
(1) Parties requesting and receiving fire services shall be billed directly by the city. Additionally, if the party receiving fire services did not request 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 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 cannot be paid in full within 30 days, arrangements may be made with the Deputy Clerk for six equal monthly installments of the unpaid fire charge. 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) Pursuant to M.S. § 366.011, as may be amended from time to time, 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 November 30 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 October 15.
(5) False alarms will be billed as a fire call.
(F) Mutual aid agreement. 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.
(G) Application of collections to budget. All collected fire charges will be designated as city funds and will be deposited into the city's general fund, to be designated by the City Council, to offset the cost of operations of the Fire Department.
(Ord. 31.08, passed 1-14-08; Am. Ord. passed - -)