(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, as they may be amended from time to time.
(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 or other city for the city to provide fire service.
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 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; and
(3) Owners of property in towns or cities to which the city provides fire service pursuant to a fire protection contract.
(D) Rates. Fees for services under this section shall be established in a fee schedule in amounts set by the City Council from time to time.
(E) Billing and collection.
(1) Parties requesting and receiving fire services will be billed directly by the city. Additionally, if the party receiving fire services did not request services but a fire or other situation existed 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) 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.
(3) The City Council may also, on or before November 30 of each year, certify the unpaid fire service charges of persons owning property within the city to the County Auditor for collection with property taxes. The city must give the property owner notice of its intent to certify the unpaid fire service charge by November 1.
(4) If property owners outside of the city receive fire service as a result of a fire protection contract and do not pay their fire service charge for thirty (30) days is sent, the city may bill the town or other city with which it contracts to provide fire protection services as specified in the fire protection contract.
(5) If vehicle owners do not pay their fire service charge for thirty (30) days, the city shall not charge the jurisdiction where the service was rendered, but shall revert to (E)(2) of this section to collect the fire service charge.
(6) 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 city funds and used to offset the expenses of the City Fire Department in providing fire services.
(Ord. 335, passed 7-5-2005
; Am. Ord. 364, passed 1-2-2008
)