HomeMy WebLinkAbout1715ORDINANCE NO. 1715
AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.403 OF THE COLUMBIA HEIGHTS CITY CODE TO
UPDATE FIRE DEPARTMENT SERVICE FEES
The City Council of the City of Columbia Heights, Minnesota, ordains:
SECTION 1. Findings and Purpose.
(a) Minnesota Statutes §§ 366.011, 366.012, and 415.01 authorize municipalities to impose reasonable
charges for emergency services rendered by their fire departments and to certify unpaid charges
for collection.
(b) The Minnesota State Fire Code, incorporated into the Columbia Heights City Code, requires the Fire
Code Official to order a fire watch and allows recovery of associated costs when necessary for
safety.
(c) The City Council finds it is necessary and reasonable to restructure and modernize City Code
§ 8.403 to clearly identify billable services, establish transparent billing practices, and ensure that
the City recovers its actual costs of readiness and service delivery.
SECTION 2. Amendment. Columbia Heights City Code § 8.403 is hereby repealed in its entirety and
replaced with the following:
§ 8.403 FIRE DEPARTMENT SERVICE FEES
(A) Purpose and authority.
(1) Purpose. The purpose of this section is to establish a fair and systematic method for
recovering the City's costs when the Columbia Heights Fire Department ("Department")
delivers emergency and other public -safety services that benefit or protect an identifiable
person or property interest.
(2) Authority. This section is adopted pursuant to Minn. Stat. §§ 366.011, 366.012, 415.01, and
the Minnesota State Fire Code (Minn. R. ch. 7511), including § 901.7 (fire watch).
(B) Definitions. The following terms apply in this section:
DEPARTMENT means the Columbia Heights Fire Department.
EMERGENCY RESPONSE means any action by the Department to protect life, health, property, or
the environment.
EXCAVATOR. A person who conducts excavation.
FIRE PROTECTION CONTRACT means a contract between the City and a town or other city for the
City to provide fire service.
FIRE SERVICE means any activity performed by the department to fulfill its duties, whether
emergency or non -emergency, preventive or reactive, within or outside the city limits
FIRE SERVICE CHARGE. The charge imposed by the City for receiving fire service.
FIRE WATCH has the meaning given in MSFC § 901.7: a temporary measure providing continuous
and systematic surveillance of a building, premises, or public assembly area, undertaken to identify
and control fire hazards, detect early signs of fire, raise an alarm, and notify the fire department.
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 any vehicle propelled or drawn by a self-propelled vehicle. This includes semi
trailers. It does not include snowmobiles, manufactured homes, all -terrain vehicles or park trailers.
MOTOR VEHICLE OWNER. Any person, firm, association, or corporation owning or renting a motor
vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than
30 days.
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.
PERSON means any natural individual; any business organization —including a corporation
(domestic, foreign, or nonprofit), limited -liability company, partnership, limited partnership, or
registered limited -liability partnership —and any association or other entity; any trust; any public
body, including the state, a public agency, or a local governmental unit; and any trustee, receiver,
assignee, personal representative, or other legal successor of any of the foregoing.
UNDERGROUND PIPELINE UTILITY. An underground line, facility, system, and its appurtenances
used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other
similar substances.
(C) Applicability; conflicts. This section applies to all Department fire services performed inside or
outside city limits when the Department acts under mutual -aid, automatic -aid, or other lawful
authority. If a conflict exists between this section and state or federal law, the latter controls.
(D) 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.
(E) Fee schedule and cost recovery.
(1) The City Council will set fee amounts by resolution. The schedule shall list hourly apparatus
and personnel rates, materials charges, special -equipment charges, and any flat fees or
surcharges.
(2) Time is billed with a one -hour minimum, and additional time is rounded to the nearest half
hour unless otherwise specified.
(3) All fees must be "reasonable" within the meaning of Minn. Stat. §§ 366.011 and 415.01 and
reflect the City's actual cost of readiness and delivery, including fringe benefits,
maintenance, depreciation, and administrative overhead.
(4) The Fire Chief may waive or reduce a fee when, in the Chief's judgment, imposition would
be inequitable, create an undue hardship, or otherwise be contrary to the public interest. A
written record of any waiver must be kept.
(F) Billable services. The following services are subject to fees under this section in addition to any
other remedy available at law:
(1) Standard emergency response. Any response in which the Department renders aid, provides
assistance, or otherwise mitigates an emergency involving a specific person, property, or
responsible party.
(2) Special billable incidents. Without limiting division (F)(1), the following categories are
expressly billable:
(a) Arson fires. Costs related to fires caused by arson for which a person is charged.
(b) Fire watch. When the Fire Chief orders a fire watch pursuant to MSFC § 901.7 and
the responsible party fails, refuses, or is unable to provide qualified personnel, the
Department may assign personnel and apparatus.
(c) Hazardous -materials incidents. Responses to actual or threatened releases of
hazardous substances, chemical reactions, or other haz-mat emergencies.
(d) Motor vehicle accidents. Responses involving extraction, hazard control, patient
care, spill absorption, stabilization, or similar services
(e) Railroad fires. Responses to fires or fire hazards on railroad rights -of -way or
operating property, as defined in Minn. Stat. § 219.761.
(f) Technical rescue. Water, ice, confined -space, trench, high -angle, or low -angle
rescue operations requiring specialized equipment or training.
(g) Trunk -highway grass fires. Responses to fires within, or originating from, a trunk -
highway right-of-way under Minn. Stat. § 161.465.
(h) Underground pipeline -utility breaks. Responses to breaks in underground pipeline
utilities caused by an excavator or other responsible party.
(i) Ambulance Service Fees. When the Department provides emergency medical
services (EMS) through ambulance transportation or patient care, a fee may be
assessed for such services. These fees shall be reasonable and reflective of the
actual cost of providing ambulance services, including staffing, equipment, and
operational costs.
(j) Other departmental services. Any service or activity performed by the Department
that falls within the scope of its assigned duties —whether emergent or
non -emergent, within or outside city limits, and whether or not specifically
enumerated elsewhere in this subsection —is billable at the applicable rates in the
city's fee schedule.
(G) Mutual aid agreement. When the City fire department provides service pursuant to a Mutual Aid
Agreement, the billing will be determined by the Mutual Aid Agreement.
(H) Billing and collection.
(1) An invoice shall be issued to the responsible party within 60 days of the incident. For
structure fire or motor -vehicle incidents, the invoice may be sent to the owner's insurer
when known.
(2) Payment is due 30 days from the invoice date. Unpaid balances accrue interest at the rate
set by Council resolution.
(3) The City may use any lawful means to collect unpaid fees, including the procedures of
Minn. Stat. § 366.012 for certification to property taxes and any civil action permitted by
law.
(1) Appeals. A responsible party may appeal an invoice within 20 days of the invoice date by filing a
written request for review with the City Manager. The City Manager, after consultation with the
Fire Chief, shall issue a written decision affirming, modifying, or rescinding the invoice within
20 days of receipt. The decision is the City's final administrative determination.
(J) Enforcement and penalties. Failure to pay fees is a violation of the City Code and may result in
prosecution as a misdemeanor, in addition to civil remedies.
(K) 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.
(L) Severability. If any provision of this section is held invalid, the remaining provisions shall remain in
full force and effect.
SECTION 4. Codification. City staff are directed to integrate this ordinance into the official publication of
the Columbia Heights City Code, renumbering internal references and formatting as necessary.
SECTION 5. Effective Date. This ordinance shall be in full force from and after 30 days after its passage.
First Reading: June 9, 2025
Offered by: Buesgens
Seconded by: Deneen
Roll Call: All Ayes, Spriggs Absent
Second reading
Offered by:
Seconded by:
Roll Call:
Date of Passage
June 23, 2025
Buesgens
Deneen
All Ayes, Spriggs Absent
June 23, 2025
M
4A'da "WrV�zSimulaLmayor
ra Ion, City Clerk/Council Secretary
SUMMARY OF ORDINANCE NO. 1715
BEING AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.403 OF THE COLUMBIA HEIGHTS CITY CODE
RELATING TO FIRE SERVICE FEES.
The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1715 on June 23, 2025.
The purpose of this ordinance is to establish, upon passage, Fire Service Fees; Authorizing the Fire Department
to Charge for Fire Watch Services.
This is a summary of Ordinance No. 1715. A copy of the entire text of the Ordinance is available for public
inspection during regular office hours at City Hall, by standard or electronic mail, or at
www.columbiaheightsmn.gov.
Amada Marquez Simula, Mayor
Attest
Sar on, City Clerk/Council Secretary
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF ANOKA
I do solemly swear that the notice, as per the
proof, was published in the edition of the
BSLP Col Hght Frid Life
with the known office of issue being located
in the county of:
ANOKA
with additional circulation in the counties of:
RAMSEY
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/27/2025 and the last
insertion being on 06/27/2025.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §590.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: ��
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/27/2025
Notary Public
Uarlane Marie MacPherson
+'i Notary Public
Minnesota
My Commission Expires Jan. 31, 2029
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF
COLUMBIA HEIGHTS
SUMMARY OF
ORDINANCE NO. 1715
BEING AN ORDINANCE
AMENDING CHAPTER 8,
SECTION 8.403 OF THE
COLUMBIA HEIGHTS
CITY CODE RELATING TO
FIRE SERVICE FEES.
The City Council for the City of
Columbia Heights, Minnesota ad-
opted Ordinance No. 1715 on June
23, 2025.
The purpose of this ordinance
is to establish, upon passage, Fire
Service Fees; Authorizing the Fire
Department to Charge for Fire
Watch Services.
This is a summary of Ordinance
No. 1715. A copy of the entire text
of the Ordinance is available for
public inspection during regular
office hours at City Hall, by stan-
dard or eiecrronic mail, or at www.
colu mbiaheightsmn. aov.
Amada Marquez Simula,
Mayor
Attest:
Sara ion,
City Clerk/Council Secretary
Published in
the Life
June 27, 2025
1478409
Ad ID 1478409