ORD 11-06ORDINANCE NO.: 2011- 06
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO
REGARDING EMERGENCY RESPONSE SERVICES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 2-4-2.E.12.c of the City Code is hereby amended read as
follows:
C. Biannual Fire Inspection — (commercial,
industrial, and institutional uses): $50.00/hour
(minimum 1 hour)
Section 2. Section 2-4-2.E.12.d of the City Code is hereby amended to read
as follows:
d. FOG Interceptor/Separator Inspection:
No charge for the
first inspection
when conducted
with required fire
inspection / costs
incurred for any
other inspection.
Section 3. Section 2-4-2.E.13 of the City Code is hereby amended to include
the following provision:
e. Sandbags/Sand: $10.00 / bundle of 30 sandbags
Section 4. Section 2-4-2.H.2. of the City Code is hereby amended to read as
follows:
2. False Alarm Charge:
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a. Fire: No charge for first three (3) alarms, 200.00 for fourth alarm,
$200.00 + $50.00 for each successive alarm per calendar year.
b. Other: No charge for first three (3) alarms, $50.00 for fourth alarm,
$100.00 for each successive alarm per calendar year.
Section 5. Section 2-4-2.H.of the City Code is hereby amended to include the
following provision:
4. Fire Service Charges:
a. Mutual Aid:
1. Agriculture, Residential Building,
Vacant Parcel: Cost Incurred
2. Commercial, Industrial, Institutional
Building: Cost Incurred
Section 6. Chapter 5, Section 6 of the City Code is hereby amended to read as
follows
SECTION 6
EMERGENCY RESPONSE SERVICES
Section:
5-6-1
Purpose
5-6-2
Definitions
5-6-3
Fire Service Charges
5-6-4
False Alarm Charges
5-6-5
Appeal of Service Charges
5-6-1: PURPOSE: This Ordinance is adopted for the purpose of authorizing the
City of Otsego to establish and charge user service fees for emergency response
services as described in this Section.
5-6-2: DEFINITIONS: The following terms are hereby defined for the purposes
of this Section:
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Building, Commercial, Industrial or Institutional. Any structures that are used or
intended either by the nature of their construction or by allowed zoning and any
conditional use permits, interim use permits or business licenses issued to be used for
commercial, industrial or institutional purposes; rental housing of any type is considered
to be commercial for the purposes of this Section.
Building, Residential. Any structure that is used or intended by the nature of its
construction to be used by persons for living and sleeping quarters and also
outbuildings, barns and other structures which are not defined as commercial, industrial
or institutional buildings by this Section, but shall not include hotels, motels, or other
buildings intended primarily for transient lodging.
False Alarm. The unintended activation of an alarm system through mechanical or
electronic failure, malfunction, improper installation, or the negligence of the alarm user,
their employees or agents; an alarm is a false alarm within the meaning of this definition
when, upon inspection by the police department, evidence indicates that no
unauthorized entry, robbery, or other such crime was committed or attempted in or on
the premises which would have activated a properly functioning alarm system.
Fire Service. 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 and also including the deployment of fire fighting
personnel and/or equipment to provide fire suppression, rescue, extrication, or any
other services related to fire and rescue as may occasionally occur; deployment as
defined herein constitutes fire service regardless of whether these services are actually
performed.
Fire Department. The fire department(s) established by the City or contracted to
provide service within the City of Otsego including departments that provide services
pursuant to mutual aid agreements.
Fire Service Charge. The charge imposed by the City for receiving fire service.
Vacant Parcel. Any property parcel that does not include any building improvements.
5-6-3: FIRE SERVICE CHARGES:
A. The collection of fire service charges for fire service shall be pursuant to
Minnesota Statute §366.011 and §415.01 and any other applicable statute.
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B. Said fees shall be established at a fixed rate for certain types of incidents or for
actual costs incurred by the Fire Department for Mutual Aid in providing the fire
service as set forth in Section 2-4-2.1-1 of the City Code.
C. For fire services for which 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, actual manpower costs for all personnel that respond to the incident
(minimum of 1 hour) and the cost on a per hour basis for each fire apparatus or
other city mechanical equipment that responds to the incident (minimum of 1
hour per unit).
D. When a particular service rendered by the Fire Department directly benefits more
than one person or property, the owner of each property so benefited and each
person so benefited (where the property protection only is not involved) shall be
liable for the payment of the full charge for such service to their respective
property as hereinbefore outlined.
E. Fire service charge shall be paid within thirty (30) days of billing by the City; if the
service charge is not paid by that time, it will be considered delinquent and the
City Clerk will send notice of delinquency.
F. 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 service charge including the provisions of Minn. Stat. § 366.012. 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.
5-6-4: FALSE ALARMS:
A. Any false alarm call to an individual or business that, in the opinion of the Fire
Chief having jurisdiction over the area, the County Sheriff or the City
Administrator, was the result of a defective or malfunctioning alarm system will
receive a notice outlining the terms and conditions of this Ordinance.
B. More than three (3) alarms at the same property within in a calendar year that
are found to be false alarms is excessive, constitutes a public nuisance, and shall
be a violation of the City Code.
C. Charges imposed upon the property owner for response to a false alarm violating
this Section shall be established in Section 2-4-2.1-1 of the City Code.
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D. Any unpaid service charge against a property or individual for a false alarm not
paid in full within thirty (30) days of the date of billing shall be placed as a special
assessment against the property pursuant to Minnesota Statutes 429.101, after
proper notice and hearing.
5-6-5: APPEAL OF SERVICE CHARGES: Any party aggrieved by a charge
authorized in this Section may appeal the charge to the City Council as follows:
A. Within the time period for which a bill is payable, the party shall file a written
request with the City Clerk setting forth specific reasons why the charge is
improper.
B. The City Clerk shall notify the aggrieved party, in writing, of the time, place and
date the City Council will hold a hearing on the issue.
C. The City Council may grant relief on appeal if it finds good cause and sufficient
proof including but not limited to any unique circumstances that may exist in a
particular case and history of alarms coming from a particular property, and
whether the property is a residential, commercial, industrial or institutional
building and the scope of services provided.
D. The City Council may extend the time for payment for a period it deems
reasonable.
Section 7. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: CM SCHARBER
SECOND BY: CM HEIDNER
ALL IN FAVOR: MAYOR STOCKAMP; COUNCILMEMEBRS: SCHARBER, HEIDNER, DARKENWALD AND
SCHROEDER
THOSE OPPOSED:
NONE
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ADOPTED by the City Council of the City of Otsego this 28th day of
February, 2011.
CITY OF OTSEGO
ATTEST: &1AM i�4'
Tami Loff, City Clerk