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4.b) Staff Report-Discuss Establishing Fees for Fire Calls �- , �� -�� I . ,—`� ��. ,��,��; SCANDIA Staff Report Date of Meeting: June 11, 2013 To: City Council From: Kristina Handt, Administrator Re: Discuss Establishing Fees for Fire Calls Agenda Item #: 4.b) Background: Council member Lee requested this item be placed on the agenda for discussion. Cities have the authority to charge a fee for responding to fire calls, provided they first adopt an ordinance to that effect. Included in your packet is a handout from the League of Minnesota Cities discussing this issue. It also includes sample ordinances. A quick search of the League's clerk/administrator listserv as well as the internet has produced the following sample list of cities in Minnesota that currently charge for fire calls: Taylors Falls, Clear Lake,New York Mills, Cottonwood, Sebeka, Spicer, Barret, Rushford, Spring Grove, Wabasso, Greenbush, Ottertail, Trimont, Princeton, Claremont, Pine River, Twin Valley, Lafayette, Ashby, Big Falls, Hewitt, and Wykoff. At the March Council meeting, Assistant Chief Hinz provided the Council with an annual report on the number of incidents the fire department responded to in 2012. A copy of that report is included in your packet as well. Issue: Should the City Council adopt an ordinance allowing fees to be charged for fire calls? Proposal Details: The League memo points out policy considerations the Council should discuss on page three. Points for discussion include: ➢ Should the City collect fees for fire calls or retain the current system of paying for fire services through property tax collections only? ➢ If the City decides to charge fees, is the City prepared to collect the fees? ➢ If the City decides to charge, what should the fee amount be? Other points to note: ➢ As stated in the model ordinance, section five, the fire department personnel has some discretion in deciding whether or not to charge when services are not requested if fire services were required. So for example, if there are feuding neighbors and one calls in a fire but when the fire department arrives they find that it is just a simple campfire and not out of control, the fire department personnel could determine that no fire services were needed and therefore the property owner would not be charged. ➢ The Council should also discuss the time allowed for fire charges to be paid. The most common timeline is to allow 30 days to pay the bill before sending the first delinquency notice. ➢ Should language be included to not charge for medical calls? Perhaps only when rescue equipment is utilized? Copies of some other cities' ordinances are also included in your packet so you can see some variations from the League model ordinance. The greatest variation is in how cities determine the fees. Fiscal Impact: This is largely dependent upon what calls and how much the Council would charge for. Assuming a flat $500 fee for fire calls only, that could generate about $12,000 a year. Options: 1) Direct staff to prepare an ordinance to begin charging for fire calls-provide direction on what type of calls to charge and how much. 2) Take no action to begin charging for fir calls. Continue to generate revenue needed for fire protection services through the property tax levy. Incident Type Report (Summary) Yage 1 of 1 � I MAG ETREND Incident 7"ype Report(Summary) Q� From D1l01/12 To 12/31H2 FI R E B R I D G E Report Printed On:03h8/2013 IncidentType Count `..of Incidents Est.Property�oss Est.Content Loss Total Est.Loss �p of Lossea 1 Fire Building fire(111) 1 0.47°,6 $10,000.00 325,000.00 a35,0U0.00 21.21°�4 Fires in sVucture otherthan in a building(112) 1 0.47% 57,500.00 S0.00 $7.500.00 4.55°b Cooking fire,confined to container(113) 1 0.47°k 50.00 50.00 ;0.00 0.00°�4 Passeneer vetiide fire(131) 3 1.40% 36,500.00 $0.00 56,500.00 3.949f Road freight or transport vehide fire(132) 1 0.479�6 50.00 30.D0 $0.00 O.00�f Natural vegetation fire,other(140) 4 1.86% 50.00 50.00 50.00 0.009f Brush or brush-and-grass mixture fire(142) 5 2.33% $0.00 50.00 50.00 0.00°k Grass fire(143) 3 1.40% 50.00 30.00 $0.00 O.00�f Speaal outside fire,other(160) 3 1.40% $1,000.00 50.00 51,000.00 0.61� Cultivated vegetation,crop fire,other(170) 1 0.47% $0.00 E0.00 50.00 0.00°�f CWGvated grain or crop fire{171) 1 0.4796 $0.00 50.00 50.00 0.00°� 24 11.21'k 525,000.00 525,000.00 s50,000.00 30.31% 3 Rescue 8 Emergency Medical Service IncideM Rescue,EMS incident,ofher(300) 7 3.26% 50.00 50.00 50.00 0.00°h Medical assist,assist EMS crew(311) 123 57.21°k �17,500.00 50.00 $17,500.00 10.61°� Motor vehide acadertt with injuries(322) 8 3.72°� $62,500.00 50.00 562,500.00 37.88°k Motor vehide acadent with no injuries.(324) 4 1.86°� 535,000.00 30.00 335,000.00 21.21°� Search for person on land(341) 1 0.47°� S0.00 ;0.00 $0.00 0.00% Swimming/recxeational water areas resaie(361} 1 0.47% $0.00 E0.00 $0.00 0.00% 144 66.98% ;116,000.00 50.00 =115,000.00 69.70� 4 Hazardous Conditlon(No Fire) Gas leak(natural gas or LPG)(412) 2 0.93°� 30.00 30.00 $0.00 0.00°�f Power line down(444) 4 1.8696 30.00 30.00 $0.00 0.0094 Vehide acctdent,general Geanup(463) 1 0.47°� �0.00 50.00 30.00 0.00�,c 7 3.26'k 50.00 50.00 50.00 0.009� 5 Service Call Service Call,other(500) 3 1.40% 50.00 ;0.00 $0.00 0.00% Unauthorized buning(561) 1 0.47°k 50.00 50.00 30.00 0.009f 4 1.87X 50.00 :0.00 s0.00 0.00'/ 6 Good Intent Call Good intent call,other(600) 6 2.79°k 50.00 50.00 50.00 0.009E Dispatched and cancelled en route(611) 24 11.16% $0.00 50.00 $0.00 0.00°,4 Prescribed fire(632) 1 0.47% $0.00 30.00 $0.00 0.00°h 31 14.42`/0 �0.00 50.00 ;0.00 O.00Si 7 False Alarm 8 False Call Alartn system adivation,no flre-unintentional(745) 2 0.93% �0.00 50.00 50.00 0.00% Carbon monoxide detedor activation,no CO(746) 3 1.40% $0.00 50.00 $0.00 0.00°� 5 2.33y6 SO-00 s0.00 50.00 0.00'ti Total Incident Count 216 Total Est Loss: ;165,000_00 Search Criteria Dates From 01/01/2012 To 12/31/2012(mm/ddtyyyy) Service SCANDIA s� ai Apparatus All 3tatfon AII Alarm Type All Zone/District Afl � Report Description hm,c�//www_mnfirerencirt.netlre��urce/intranet/Ren�rts/Renort IncidentTvne Action.cfm 3/l9/2013 Annual Fire Situation Report Page 1 of 1 � I MAG ETREND SCANDIAre Situation Report � From 01/01/2012 To 12131/2012 FI R E B R 1 D G E Report Printed On:03l19/2013 General Ciass Jan'12 Feb 12 Mar 12 Apr 12 May 12 Jun 12 Jul 12 Aug 12 Scp 12 Oct 1? Nov 92 Dec 12 Total by Type Accident,potential � � accident(46) Combustlble/flammable � � 2 spills 8 leaks(41) Controlled buming(63) 1 1 Cultivated vegetation, � � � crop fire(17) Dispatched and 2 � 3 2 3 5 4 1 3 24 pncelled en route(61) Eledrical wmng/equipmeM 1 i 2 4 probtem(44) Emergency medical service(EMS)Incident 2 2 2 1 � 1 2 1 12 (32) Good irrtent cail,other 1 2 1 1 1 6 (60) Medical assist(31) 7 7 10 8 11 12 19 16 S 6 7 12 123 Mobile property � � � � 4 (vehicle)fire(13) Natural vegetation flre � 2 4 2 1 1 1 12 (14) Rescue,emergency medical call(EMS), 1 2 2 1 1 7 other(30) Search for lost person � � (�) Service call,other(50) 7 1 1 3 Special outside fire � � � 3 (16) Shudure Fire(11) 1 1 1 3 Unauthorized buming � � �`�) UninterHional system/detector 1 2 2 6 operation(no fire)(74) Water or ice-related � � rescue(36) Total 13 8 19 19 15 24 23 27 18 13 13 22 215 Search Criberia Dates: From 01/01/2012 To 12/31/2012(mmlddlyyyy) Service: SCANDIA httnc•U�xnxnar mnfirPrPr►nrt net/recnnmP/intrar�Pt/rPnnrte/RPnnrt annnalfirecitnatinn Arfinn �/19/7M Z 1 City of Ashby, County of Grant, State of Minnesota Ordinance 33 An Ordinance Established Fees for Emergency Protection Fire Services THE CITY COUNCIL OF THE CITY OF ASHBY, MINNESOTA DOES ORDAIN: SECTION ONE: PURPOSE AND INTENT This ordinance is adopted for the purpose of authorizing the City of Ashby to charge for fire services as authorized by Minn. Stat. 366.011, 366.012 and 415.01. SECTION TWO: DEFINITIONS A. "Fire Service means any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventive measures in an effort 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 other service related to fire and rescue as may occasionally occur. B. "Fire service charge" means the charge imposed by the City for receiving fire service. C. "Motor vehicle" means 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. D. "Fire protection contract" means a contract between the City and a town or other city for the City to provide fire service. E. "Mutual Aid Agreement" means 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. SECTION THREE: PARTIES AFFECTED A. Owners of property within the City who receives fire service. B. Owners of property in townships or cities to which the City provides fire service pursuant to a fire protection contract. C. Anyone who receives fire service as a result of a motor vehicle accident or fire within the City or a township serviced by a fire protection contract. SECTION FOUR: RATES Rates per run for structure fires, vehicle fires, car accidents, rescue calls and grass fires are $500.00 per run including the first two hours, and $100 per hour for each additional hour or fraction thereof with a minimum charge of$500 per run. In addition, all chemicals, and other special extinguishing agents and equipment shall be billed to the property owner at the Fire Department's costs. SECTION FIVE: BILLING AND COLLECTION A. Parties requesting and receiving fire services will be billed directly by the City of Ashby within 30 days of the fire service. Additionally, if the party receiving fire service did not request services for a fire or another 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 service. B. 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. The City reserves the right to 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. 2 C. (D) If the fire service charge remains unpaid for 30 days after the notice of delinquency is sent, the City Council may also, anytime during the year, certify the unpaid fire service charge to the county auditor in which the recipient of the services owns real property for collection with 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 30 days prior to certification. D. (E) Automated alarms will be billed as a fire call after two false alarms have been responded to by the Fire Department. The third false alarm will be billed at the regular run rate listed above. SECTION SIX: MUTUAL AID AGREEMENT When the City fire department provided fire service to another fire department pursuant to a Mutual Aid Agreement, the billing will be determined by the Mutual Aid Agreement. SECTION SEVEN: BILL PROCEDURE FOR FIRE PROTECTION CONTRACT WITH TOWNS OR OTHER CITIES When the City fire department provides fire service to another fire department pursuant to a Fire Protection Contract, the billing will be determined by the Contract. SECTION EIGHT: 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. Passed by the Ashby City Council on this date April 8, 2009. Amended on this date February 10, 2011. Mayor C/erk Summary for Publication: City of Ashby, County of Grant, State of Minnesota Ordinance 33 An Ordinance Established Fees for Emergency Protection Fire Services This ordinance is adopted for the purpose of authorizing the City of Ashby to charge for fire services as authorized by Minn. Stat. 366.011, 366.012 and 415.01. This ordinance details rates and collection methods for charging property owners for fire calls. This publication is a summary of the actual Ordinance. A printed copy of the ordinance is available for inspection at the office of the Ciry Clerk,Monday through Thursday, 9:00 a.m.to 4:00 p.m. CITY OF BIG FALLS ORDINANCE #211 AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE SERVICES. THE CITY COUNCIL OF THE CITY OF BIG FALLS , MINNESOTA DOES ORDAIN: SECTION I: PURPOSES AND INTENT This ordinance is adopted for the purpose of authorizing the City of Big Falls to charge for fire service, as well as a means to assure that standard rates are being assessed for non-exempt responses. Minnesota Statutes § 415.41 subd. 2 and § 366.011 authorize the City to charge for both structure and vehicle fires as well as rescue services. For the purpose of this ordinance, the term "fire service" and "fire suppression" shall include rescue. SECTION II: EXEMPT RESPONSE�S The City Council shall have the authority to exempt certain individuals and/or legal entities for fire suppression fees. SECTION III: RATES Flat hourly fees are a more stable and far simpler method of assessing charges. Flat fees are consistent with FEMA / NIMS / NWCG equipment typing that typically includes personnel with the equipment. Billing will be broken down into the '/4 hour segments of 00-I5, 16-30, 31-45, 46-60, and will include dispatched time through "back in service" time, as well as follow-up field operations and refurbishment time. Flat hourly fees include: A. Labor expenses B. Fuel expenses C. Meal expenses D. Supply expenses (e.g. foam, batteries, etc) E. Minor equipment lost or destroyed on the incident F. Equipment/vehicle depreciation & wear G. Equipment refurbishing expenses E ui ment Descri tion FEMA NIMS TYPE USE Hourl Rate Pumper (E-1) Fire Truck, Type I Fire suppression $200.00 Decontamination Scene safety Incident Command Post Tender, 2000 gallon (T-1) Tender, Type I Fire suppression $200.00 Decontamination Scene safety Tender, 5000 gallon (T-2) Tender, Type I Fire suppression $200.00 Decontamination Scene safety QRV Ambulance, Type V Rescue $100.00 EMS Scene safety Crew rehab Crew transport Incident Command Post SECTION IV: BILLING AND COLLECTION (A) Parties requesting and receiving fire services may 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. Parties will be billed for the following types of responses: 1. Structure fires, including manufactured homes (trailers, double wide, etc.). 2. Vehicle fires, including highway-use registered motor vehicles, ATV's, snowmobiles, heavy equipment, aircraft, trailers, and watercraft. 3. Rubbish or debris fires including trash, tires, yard waste, vegetation, construction materials, etc. If a person has a valid State of Minnesota DNR Burning Permit that results in an escaped or unwanted fire, or is burning out of the prescribed conditions, the Fire Department shall extinguish the fire and assess appropriate service fees. 4. Rescue to include vehicle extrication, vehicle recovery, water rescue, search and rescue operations, confined space rescue, and any other technical rescue operations. 5. Trauma-Medical services that involve rescue equipment or emergency apparatus. EMS remains a free service, but a charge is applied for the rescue apparatus. (B) The City Council shall have the autharity from time to time to abate charges upon circumstances which indicate that a lesser fee should be billed, or that other facts and circumstances, including hardships, exist which indicate that an adjustment and/or waiver should be made. The Council shall have broad discretion as to which factors to consider in determining whether or not a hardship exists and whether an abatement or waiver are appropriate. However, in any case involving the loss or damage of a primary residence as defined in Section IV: (1), the Council shall consider the loss of use of a primary residence as a factor favoring abatement and/or waiver. The council shall also consider certain factors which would make waiver and/or abatement unavailable such as the violation of state, federal andlor local laws, regulations and ordinances, the violation of which were a contributing cause to the starting or accelerating of a fire. (C) The City Clerk shall cause a bill to be sent to the appropriate party and/or insurance carrier. If the bill is not paid in full 90 days from the date of the original billing it shall be considered delinquent. The clerk shall mail a notice of delinquency and thereafter shall take such reasonable steps as may be necessary for the collection of all such charges. (D) Any delinquent claims may, by order of the City Council, on or before October 15 of each year, be certified to the county auditor in which the recipient of the service owns real property for collection with property taxes. The City must give the property owner notice of its intent to certify the unpaid fire service charge by September 15`" of that year. (E) False alarms will not be billed as a fire call. To do so would only discourage parties from reporting a fire that may ultimately result in increased loss of property and life. (F) The charges imposed may be appealed to the City Council by submitting the grounds for the appeal in writing to the City Clerk's Office, provided that the written request for appeal is received by the City Clerk within thirty (30) days after the initial invoice was sent by the City. The party may address the City Council to discuss the appeal only upon consent of the Council. The City Council's finding shall be final. SECTION V. MUTAL 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. SECTION VI. APPLICATION OF COLLECTIONS TO BUDGET All collected fire charges will be City funds deposited to the fire department fund. These funds shall be used to offset the expenses of the City tire department in providing fire services. SECTION VII. EFFECTIVE DATE This ordinance shall become effective upon its passage and publication according to law. Adopted by the City Council of the City of Big Falls this 9`" day of July, 2007. Attested: Mayor City Clerk/Treasurer ORDINANCE NO. 704 AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE SERVICES The City Council of the City of Clear Lake, Minnesota does ordain: SECTION 704.01: PURPOSES AND INTENT This ordinance is adopted for the purpose of authorizing the City of Clear Lake to charge for fire service as authorized by Minn. Statute §366.011, §366.012, and §415.01. SECTION 704.02: DEFINITIONS (A)"Fire service" means any deployment of fire fighting 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 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. (B)"Fire service charge" means the charge imposed by the City for receiving fire service. (C)"Motor vehicle" means 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. (D)"Fire protection contracY' means a contract between the City and a town, township, or other entity for which the City is to provide fire service. (E)"Mutual aid agreement" means an agreement between the City and a town, township, or other entity for the City's fire department to provide assistance to the fire department of a town, township, or other entity. SECTION 704.03: PARTIES AFFECTED (A)Owners of property within or outside the city limits who receive fire service. (B)Anyone who receives fire service as a result of a motor vehicle accident or fire within or outside the city protection or mutual aid area. (C)Owners of property in towns, townships, or entities to which the City provides fire service pursuant to a fire protection contract. SECTION 704.04: RATES Rates for any and all services provided by the city fire department shall be billed at the rate recommended by the Fire Chief and approved by City Council and shall be incorporated in the City Fee Schedule. SECTION 704.05: BILLING AND COLLECTION (A) Parties requesting and receiving fire services may 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. (B) Parties billed for fire service will have thirty (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. (C)If the fire service charge remains unpaid for thirty (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. (D)If the fire service charge remains unpaid for thirty (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. (E) False alarms will be billed as a fire call. SECTION 704.06: MUTUAL AID AGREEMENT When the City fire department provides fire service to another fire department pursuant to a Mutual Aid Agreement, the billing, if any, will be determined by the Mutual Aid Agreement. SECTION 704.07: 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. SECTION 704.08: EFFECTIVE DATE This ordinance shall become effective after its passage and summary publication. Passed by the Council for the City of Clear Lake on the day of , 2010 Mayor Attested: Clerk ORDINANCE NO. 2012-3A AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE SERVICES THE CITY COUNCIL OF THE CITY OF COTTONWOOD, MINNESOTA DOES ORDAIN: SECTION ONE: PURPOSES AND INTENT This ordinance is adopted for the purpose of authorizing the City of Cottonwood to charge for fire service as authorized by Minn. Stat. §§ 366.011, 366.012, and 415.01. SECTION TWO: DEFINITIONS (A)"Fire service"means 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. (B) "Fire service charge"means the charge imposed by the City for receiving fire service. (C) "Motor vehicle" means 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. lt does not include snowmobiles, mobile homes, all-terrain vehicles, or trailers. (D)"Fire protection contract"means a contract between the City and a town or other city for the City to provide fire service. (E) "Mutual aid agreement"means 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. SECTION THREE: PARTIES AFFECTED (A)Owners of property within the City who receive fire service. (B) Anyone who receives fire services as a result of a motor vehicle accident or fire within the City. (C) Owners of property in towns or cities to which the City provides fire service pursuant to a fire protection contract. SECTION FOUR: RATES The following rates do not include replacement of lost or destroyed equipment: Hazardous Materials (w/o foam) $1,500.00(Plus replacement of lost or destroyed equipment) Structural Fires(w/o foam) 750.00 (Additional $250.00 per hour after 3 hours) Vehicle Fires(w/o foam) 500.00 Assisting an Ambulance Service 750.00 (Includes extrication) Grass & Other Fires(e.g. Trash) 500.00 (Additional $250.00 per hour after 2 hours) False Alarm 300.00 Cancelled Call 300.00 Controlled Fire without Permit 300.00 Power Outage(e.g. transformer) 300.00 Ice& Water Rescue 300.00 Helicopter Landing 300.00 Foam (per 5 gallons) 150.00 (Additional provided in 5 gallon increments) SECTION FIVE: BILLING AND COLLECTION (A) Parties requesting and receiving fire services may 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 pariy's insurance remains a debt of the party receiving the fire service. (B) Parties billed for fire services will have 90 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. (C) 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. (D)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 �nust give the property owner notice of its intent to certify the unpaid fire service charge by September l5. (E) False alarms will be billed (see SECTION FOUR: RATES). SECTION SIX: 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. SECTION SEVEN: 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. SECTION EIGHT: EFFECTIVE DATE The ordinance shall become effective March 6, 2012. Passed by the Council this 6th day of March, 2012. Mayor Attested: Clerk .....7.,....� ..,...,� ..,. ......t,.,...... .......�.... ...�.....,.,...., .AYL� R..� AL L � �I',�j�v�1�j�yt,� �.W� S E A R C H � m � ....�� " � � ; '� �*. � . ,,� �j_. !� . _ ,�' �!.,._ . . , r. i "' _ � , ,. , . : . � .. � � ..� _ , 1 � . � -�� r- �G :, � �. ''", ""'�� , T� �";� � � ��,�E� F x .„ ±� ; , �,,...�'E� . � . '�"�T�-'— � ��° �, a ' •t` i:- � �''"�'--,w,;,, d*�� .s"..r� �� u �;,., . ;,�� . . � Tj_� . ` ... . . � ' ♦ ' .!� j � `�w'•" : r.Sn. ��li^`�.�i�IJ'�� i� ..'.�_ ._.. $ 4 ° .Y ^� "��,� a � g t , . . . �. � `.�►�� r�. ' ,..��:��.��.."�: '.�"�'�'.��ln ':� _ ___.. , - . , Emergency Policy for Response Charges This policy is intended to assist in the preparadon, submission and billing of all paged emergency service incidents by the Taylors Falls Fire Department. Chapter 5 of the Taylors Falls Code of Ordinances state: - Section 507- Emergency Services/Fire Calls 507.01 Cl�arges for Service. Pursuant to Minnesota Statutes §366.011 and 415A1, the City "�� „ �11 ��{ ,��y'I hereby imposes a service charge For emergency services, including Fire, rescue, medical and relateA services provided by the City of Taylors Falls Fire Department, or contracted For with the City. 507.02 Collection. Pursuan[ to Minnesota Statutes §366.011 and 415.01, the City or its contractor on behal�' oF the City may use any law�'ul means allowed to a private party for the collection oF an unsecured delinquent debt i�' the service charge remains unpaid 30 days aFter a noiice oF delinquency is sent to the recipient of the service or the recipient's representative or estate. 507.03Fees. The �'ee �or the said service shall be established in Section 305.05 of this Code of Ordinances. Incident Report. Follo��ng the response by the Taylors Falls Fire Department to a paged incident for emergenc}� ser«ces, the Fire Chief or Officer in Charge shall pro�-ide a completed Incidenr Report (attachment A) to the City Clerk's office at Ciry Hall within a reasonable amount of time after said incident. The Report is to be completed ��ith as much information as possible to assist in the determination of the appropriate fees. Once all pertinent information is received (preferably ��ia fa�), the Clerl:-Treasurer, or other designated official, shall prepare an invoice and mail it to the responsible party, which shall then be due and payable within 30 days. Incomplete Incident Reporis will not be charged out until sufficient infarmation is provided. Charges for Services. Charges for Emergency Sen�ices shall be based upon the level of urgency accarding to the level sliding scale: Alarms, CO or Smoke lletectors - $100 for the initial response up to one hour, $250 per hour thereafter. Rock Fall/River Kescue- $300 Accident Response, Vehide Fire, Grass Fire - $250 per hour(�500 cap) Structure Fire- 5500 Eatrication - �500 for use of e�tric�tion equipment Any amendments to the Fee Schedule associated with a paged emergency ser��ice incident shall be established by the City Council at their Organizational 1�leeting in ,January of each year. Once a payment is received it shall be posted as revenue to the Special Fire Protection Fund (407) less a 10% administrative fee. If the charges remain unpaid, the City shall use ..`..�......� . ......� .... ._`..,'......,,. �......�`... ...�...... .,...,, an}� means available for collection, including the assessment of the special charge to the property tates as specified in Chapter 5 of the Tay�lors Falls Code of Ordinances, Section �07 - Emergency Services/Fire Calls. �uecial CLc�st�nces. The expectation is that all paged emergency� ser�ice incidents responded to by the Ta}�lors Falls Firc llepartment shall be charged the appropriate fees. However, there may be special circumstances where these fees may not be appropriate: » nlutual Aid: NO CHARGE » Cancelled in route: NO CHARGE » Called in by someone other than properry/vehicle owner & unfounded: NO CHAR GE » Responded to call but unfounded: NO CHARGE » Called in by someone other than property owner with just cause CHARGEll AS AI'YROYRIATE » If determined by the Fire Chief or Officer in Charge from the Taylors Falls Fire Department, a Deputy from the Chisago County Sheriff's Department, or the Judicial Court System, thaT an Emergency Service Incident was intentionally, maliciously ar carelessly set by a person(s), the entire fees associated with the said incident shall be born by that person(s). » Proven hardship: NO CHARGE » No Insurance or not able to pay entire fee PA1'n1ENT SCHEDLiLE WITH NO ACCRtTING INTEREST » Special circumstances per Officer in Charge in making an assessment for esceptional and unusual circumstances, the officer in charge shall inform the Council of information gathered at the scene such as, serious illness or medical condition of o�ti-ner or family members, or general disability� or other observations of hardship that support circumstances where fees ma}�not be appropriate. � Flardshin Waiver.� Printer-friendly Version ■■ This is the official website of the City of Taylors Falls, Minnesota. �' ■ JiQmg�C�Government� Departments� Calendar� Contact Us� Explore Tavlors Falis QQwered by GovOffice.com O � jJEAGUE oF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES RISK MANAGEMENT INFORMATION CHARGING FOR FIRE CALLS Authority to Charge for Fire Calls For many years, the authority to charge for fire calls has been unclear. However, in 2003, the Minnesota Legislature passed Hi hli ht legislation giving cities express authority to impose fees for Minn. Stat. � 415.01, subd. emergency services, including fire protection. A city's ability to 2, allows cities to charge charge fire fees involves an interplay between three statutes. Minn. for emergency services Stat. § 415.01, subd. 2, allows cities to charge for emergency by passing an ordinance services by passing an ordinance that specifies the amount and that specifies the amount manner of the charge. The exact text is as follows: and manner of the charge. A city may exercise the power under sections 366.011 and 366.012 relalirrg to charges.for emergency services only if the city adopts an ordinance aulhorizing the manner arrd amounl of charging.for lhose services. Minn. Stat. �� 366.011 and 366.012 apply to towns. Under Minn. Stat. § 366.011, a town can impose fees for fire protection services provided by or contracted for by the town. If the charge is not paid, the town can use any means available to private parties to collect it or may certify the unpaid charge with the county auditor for collection with taxes to any real property within the state. Minn. Stat. � 366.012 explains the process for certifying charges with the county auditor. By its terms, Minn. Stat. § 415.01, subd. 2 give cities these same powers. In 2005, the Legislature amended Minn. Stat. §§ 366.011 and 366.012 to specifically give towns, and thereby cities, the authority to certify the unpaid charge to the auditor of any county in the state in which the person who received fire protection services owns real property. The county auditor is responsible for remitting to the city all charges collected on behalf of the city. Therefore, a city can certify unpaid fees regardless of where the property is located in the state. An important note to remember is that fire services generally include not only fire fighting, but first responders as well. Any ordinance authorizing fire service charges should define fire services broadly enough to include both of these activities. Contractual Issues in Collecting Charges While this law clarifies a long-standing question about city authority, collecting these fees may be complicated in some situations by a 1959 Attorney General opinion that applied contract law to the _ - - This material is provided as general information and is not a substitute for legal advice. , Consult your attorney for advice concerning specific situations. i LEAGUE OF MINNESOTA CITIES 145UNIVERSITYAVEWEST t�tioNE: (651)28]-1200 Fnx:(651)281-1298 I N S U RAN C E T RU ST ST. PAUL.MN 55103-2044 TOLL fREE (HOO)925-�I22 WEB:WWW.LMC.ORG provision of fire services; the opinion stated that there should be a request for service before the city has an enforceable claim against the property for reimbursement.l When a homeowner calls the city for services, the homeowner likely agrees to pay the fee, especially if the city publicizes that it charges a fee. The situation is less clear if someone other than the property owner contacts the fire department. Ignoring such fires could be dangerous to nearby property and persons; accordingly, for public safety reasons a fire department would generally not stand by while a building burns. Even in these situations, a city could avoid contractual problems by using implied contract theory. The elements of an implied contract are (1) a benefit conferred by one party to another(2) appreciation of that benefit by the receiving party and (3) acceptance of that benefit when retention without payment is inequitable.2 Most citizens have an expectation of fire service if a city has a fire department. Moreover, a city can show in the vast majority of cases that preventing property from burning down is a benefit to the property owner. Providing Service to Property Outside of the City Many cities contract with towns or other cities to provide fire protection, requiring the city fire department to provide service outside of the city. These contracts typically authorize cities to bill the recipient of the fire protection service who lives outside the city. Cities have the authority to use any means available to private parties to collect unpaid charges, regardless of where the property is located.3 Minn. Stat. § 415.01, subd. 2, also gives cities the ability to certify for collection with taxes the unpaid fire charges on property located outside of city limits that is anywhere within the state. This statute states that cities may exercise the "power under sections 366.011 and 366.012 relating to charges for emergency services."4 One of these powers is certifying unpaid fire charges. With the 2005 amendment, the Legislature did not limit a city's authority to certify unpaid charges to property within a city's borders. Different Rate Structures Fire departments often respond to car fires, sometimes to non-residents of the city, or to another entity covered by a fire protection contract. Cities have inquired whether they can charge higher rates for these calls. Unequal fees implicate several constitutional concerns. The Supreme Court ruled in Mem'1 Hosp. v. Maricopa County, that denial of"basic necessities of life"impedes the constitutional right to travel.5 Fire protection might be a basic necessity and unequal charges may be a form of denying this basic necessity. Additionally, higher taxes and more stringent licensing requirements imposed on non-residents have run afoul of both the Constitution's equal protection 'A.G. Op. 688-a(Oct. 6, 1959). '` 8 Dunnell Minn. Digest, Conti�acts �2.OSa(5`h ed.2003). � Minn. Stat. § §366.01 l,415.01,subd. 2. ' Minn. Stat. §415.01,subd. 2. s Mem'1 Hosp. v. Ma��icopa Counry,415 U.S.250(1974)(denying non-residents free non-emergency medical care violated the right to travel). 2 and commerce clauses.6 Because of the possible constitutional implications resulting from different rates, it is probably preferable to have a uniform policy when charging for fire calls. Policy Considerations Since this law was enacted, several cities have passed ordinances charging fire fees and more are considering this option. Aside from the concerns mentioned above, cities should consider the following issues before charging fire protection fees. First, the city should consider whether charging fire fees is the best choice. Some citizens may argue that the mechanisms for collecting and enforcing property taxes are already in place and that paying for fire services out of general revenue may be a better option than charging for fire calls. Second, the city should decide whether it is prepared to collect charges when the fee is not covered by insurance. Learn More Some insurance policies will only pay if the property Read more about response distance owner has an obligation to the city. If the city only requirements, selection and election, collects fees in limited instances, the insurance company job duties, codes of conduct, and more could argue that the property owner does not really have firefighter topics in: an obligation to the city. Furthermore, if the city HR Reference Manual aggressively attempts to collect fees from persons having insurance but looks the other way for persons not having insurance, the city could be committing insurance fraud. Third, if the city decides to charge fire fees, the statutes do not limit the amount of fees a city may charge. However, as is usually true for city fees, the fee should be reasonably related to the city's cost in providing the service. Finally, keep in mind that all fire fee collections belong to the city, not the fire relief association or fire department, and should be deposited in the city's accounts. Model Ordinances • Ordinance A: This is the basic model ordinance. The city will use all practical and reasonable means to collect the unpaid charge and may certify the amount to the auditor in any county in which the service recipient owns real property. • Ordinance B: The city charges the town or other city, rather than the individual, for fire services pursuant to a Fire Protection Contract. The fees would have to be specified in the Contract. Loss Control, 12/07 `'Metro. Life/ns. Ca v. Ward,470 U.S. 869(1985)(taxing non-residents at higher rate than residents violated equal protection clause);State v. Kolla, 672 N.W.2d 1 (Minn.Ct. App. 2003)(charging higher state license fee to non- residents violated commerce clause);9 MeQuillin, Municipal Corpo�•a�ions, §26.48(3`d ed. Revised 1995). 3 ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES FOR EMERGENC'}'PROTE('TION FIRE SERVICES [Ordinance A: The basic model ordinance.] THE CITY COUNCIL OF THE CITY OF , MINNESOTA DOES ORDAIN: SECTION ONE: PURPOSES AND INTENT This ordinance is adopted for the purpose of authorizing the City of to charge for fire service as authorized by Minn. Stat. ,��'� 366.011, 366.012, and 415.01. SECTION TWO: DEFINITIONS (A) "Fire service" means any deployment of fire fighting 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 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. (B) "Fire service charge" means the charge imposed by the City for receiving fire service. (C) "Motor vehicle'' means 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. (D) "Fire protection contract" means a contract between the City and a town or other city for the City to provide fire service. (E) "Mutual aid agreement" means 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. SECTION THREE: PARTIES AFFECTED (A) Owners of property within the City who receive fire service. (B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the City. (C) Owners of property in towns or cities to which the City provides fire service pursuant to a fire protection contract. SECTION FOUR: RATES [insert rate schedule] SECTION FIVE: BILLING AND COLLECTION (A) Parties requesting and receiving fire services may be billed directly by the City. Additionally, if the party receiving fire services did not request services but a fire or other 4 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. (B) Parties billed for fire service will have 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. (C) 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. (D) 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. (E) False alarms will [or won't] be billed as a fire call. SECTION SIX: 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. SECTION SEVEN: APPLICATION OF COLLECTIONS TO BUDGET All collected fire charges will be city funds and used to offset the expenses of the City fire I department in providing fire services. SECTION EIGHT: EFFECTIVE DATE The ordinance shall become effective Passed by the Council this day of , Mayor Attested: Clerk 5 ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE SERVICES [Ordinance B: The city charges the town or other city, rather than the individual, for fire services, pursuant to a Fire Protection Contract.] THE CITY COUNCIL OF THE CITY OF , MINNESOTA DOES ORDAIN: SECTION ONE: PURPOSES AND INTENT This ordinance is adopted for the purpose of authorizing the City of to charge for fire service as authorized by Minn. Stat. �� 366.011, 366.012, and 415.01. SECTION TWO: DEFINITIONS (A) "Fire service" means any deployment of fire fighting 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 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. (B) "Fire service charge" means the charge imposed by the City for receiving fire service. (C) "Motor vehicle" means 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. (D) "Fire protection contract" means a contract between the City and a town or other city for the City to provide fire service. (E) "Mutual aid agreement" means 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. SECTION THREE: PARTIES AFFECTED (A) Owners of property within the City who receive tire service. (B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the City. (C) Owners of property in towns or cities to which the City provides fire service pursuant to a fire protection contract. SECTION FOUR: RATES [insert rate schedule] 6 SECTION FIVE: BILLING AND COLLECTION (A) Parties requesting and receiving fire services will be billed directly by the City of within days of the fire service. 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. (B) Parties billed for fire service will have 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. (C) 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. (D) 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 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. (E) False alarms will [or won't] be billed as a fire call. SECTION SIX: 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. SECTION SEVEN: BILLING PROCEDURE FOR FIRE PROTECTION CONTRACTS WITH TOWNS OR OTHER CITIES When the City fire department provides fire service to another fire department pursuant to a Fire Protection Contract, the billing will be determined by the Contract. SECTION EIGHT: 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. 7 SECTION NINE: EFFECTIVE DATE The ordinance shall become effective Passed by the Council this day of , Mayor Attested: Clerk 8 ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE SERVICES THE CITY COUNCIL OF THE CITY OF SEBEKA, MINNESOTA DOES ORDAIN: SECTION ONE: PURPOSE AND INTENT The ordinance is adopted for the purpose of authorizing the City of Sebeka to charge for fire service as authorized by Minn. Stat. 366.011, 366.012, and 415.01. SECTION TWO: DEFINITIONS (A) "Fire service" means any deployment of fire fighting 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 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. (B) "Fire service charge" means the charge imposed by the City for receiving fire services. (C) "Motor vehicle" means 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. (D) "Fire protection contract" means a contract between the City and a town or other city for the City to provide fire service. (E) "Mutual aid agreement" means 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. SECTION THREE: PARTIES AFFECTED (A) Owners of property within the City who receive fire service. (B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the City. (C) Owners of property in towns or cities to which the City provides fire service pursuant to a fire protection contract. SECTION FOUR: RATES (A) The first hour is$300.00 and then $200.00 for every hour after the first hour. SECTION FIVE: BILLING AND COLLECTION (A) Parties requesting and receiving fire services will be billed directly by the City of Sebeka within 30 days of the fire service. 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. (B) 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. (C) 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. (D) 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 series owns real property for collection with 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. (E) False alarms will not be billed as fire calls. SECTION SIX: 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. SECTION SEVEN: BILLING PROCEDURE FOR FIRE PROTECTION CONTRACTS WITH TOWNS OR OTHER CITIES When the City fire department provides fire series to another fire department pursuant to a Fire Protection Contra,the billing will be determined by the Contract. SECTION EIGHT: 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 services. SECTION NINE: EFFECTIVE DATE The ordinance shall become effective Passed by the Council this day of Mayor Attest: Clerk