SF 354

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to cities; authorizing a city to collect 
  1.3             unpaid emergency service charges by special 
  1.4             assessment; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 415. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [415.015] [CHARGES FOR EMERGENCY SERVICES; 
  1.8   COLLECTION.] 
  1.9      Subdivision 1.  [CHARGES ALLOWED.] A city may impose a 
  1.10  reasonable service charge for emergency services, including 
  1.11  fire, rescue, medical, and related services provided by the city 
  1.12  or contracted for by the city. 
  1.13     Subd. 2.  [COLLECTION OF UNPAID CHARGES.] If the service 
  1.14  charge remains unpaid 30 days after a notice of delinquency is 
  1.15  sent to the recipient of the service or the recipient's 
  1.16  representative or estate, the city or its contractor on behalf 
  1.17  of the city may use any lawful means allowed to a private party 
  1.18  for the collection of a delinquent debt. 
  1.19     Subd. 3.  [SPECIAL ASSESSMENT FOR COLLECTION OF UNPAID 
  1.20  CHARGES WHEN NEGLIGENCE.] If emergency services are necessary 
  1.21  due to someone's negligence, as determined by a judgment entered 
  1.22  by a court of competent jurisdiction, the city clerk may certify 
  1.23  to the county auditor of each county in which the person 
  1.24  determined to be negligent owns real property, on or before 
  1.25  October 15 for each year, any unpaid service charges, which must 
  2.1   then be collected together with property taxes levied against 
  2.2   the property of that person.  A charge may be certified to the 
  2.3   auditor only if, on or before September 15, the city has given 
  2.4   written notice to the property owner of its intention to certify 
  2.5   the charge to the auditor.  If the determination of negligence 
  2.6   is under appeal, the city may give the written notice of its 
  2.7   intent to certify the charge to the auditor only after the 
  2.8   finding of negligence by the lower court is finally upheld by 
  2.9   the appropriate appellate court.  The service charges shall be 
  2.10  subject to the same penalties, interest, and other conditions 
  2.11  provided for the collection of property taxes.  The powers 
  2.12  conferred by this section are in addition and supplemental to 
  2.13  the powers conferred by any other law for a city to impose and 
  2.14  collect a service charge or assessment for a service provided by 
  2.15  the city or contracted for by the city.