West Concord City Code 300.01
SJR125354
WE350-9
CHAPTER III
ADMINISTRATION OF CITY GOVERNMENT
SECTION 300 - DISPOSITION OF UNCLAIMED PROPERTY
300.01. Unclaimed property; purpose and statutory authority. This section has been enacted to provide for the custody and disposal of property other than motor vehicles coming into the possession of the city in the course of municipal operations and remaining unclaimed by the owner. This section has been adopted pursuant to the provisions of Minnesota Statutes, section 471.195.
300.03. Method of disposition. Property that has come into the possession of the city and has remained unclaimed by its owner for a period of six months or more may be disposed of by the city by sale to the highest bidder at public auction or sale. The public auction or sale is conducted under the direction of the city clerk, following published notice in the official newspaper at least ten days in advance of the sale.
300.05. Property having insubstantial value. Property having no substantial value may be discarded or given away by the city, but a list of such items so disposed of must be retained in the files of the city for at least six years.
300.07. Items which may be destroyed. Items of personal property having nuisance potential, such as firearms, dangerous weapons, liquor and narcotics, may be destroyed upon order of the city clerk. A list of items so destroyed must be maintained for a period of at least six years.
300.09. Disposition of proceeds. The proceeds of the sale must be deposited in the general fund of the city, subject to the right of the former owner to payment of the sale price from such fund upon application and satisfactory proof of ownership within six months of the sale.
West Concord City Code305.01
SECTION 305 - VOLUNTEER FIRE DEPARTMENT
305.01. Fire department established. There is established and continued a volunteer fire department consisting of a chief, an assistant chief, a fire marshal and not less than 15 nor more than 25 firefighters.
305.03. Election of officers. The chief of the fire department, assistant chief and the fire marshal are elected annually by the members of the department subject to confirmation by the council. Each holds office for one year and until a successor has been duly elected and qualifies. An officer may be removed by the council for cause and after a public hearing. Firefighters and probationary firefighters are appointed by the members of the department, subject to confirmation by the council. Firefighters continue as members of the department during good behavior and may be removed by the council only for cause and after a public hearing.
305.05. Duties of fire marshal. The office of fire marshal may be held by the chief or by the assistant chief, if the council by resolution so provides. The fire marshal is responsible for the enforcement of all fire prevention ordinances. The marshal may inspect premises and cause the removal or abatement of fire hazards.
305.07. Duties of chief. The chief controls the fire fighting apparatus and is responsible for its care and condition. The chief must make a report, semi-annually, to the council at its meeting in March and September, as to the condition of the equipment and needs of the fire department. The chief may submit additional reports and recommendations at any meeting of the council and must report each suspension of a member of the fire department at the first meeting of the council following the suspension. The chief is responsible for the proper training and discipline of the members of the fire department and may suspend any member for refusal or neglect to obey orders pending a final action by the council on discharge or retention.
305.09. Records. The chief must keep in convenient form for a complete record of fires. The record must include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and such other information as the chief deems advisable or as may be required from time to time by the council or state insurance department.
305.11. Practice drills. The chief, when the weather permits, must hold a monthly practice drill of at least one hour's duration for the fire department and to give firefighters instruction in approved methods of fire fighting and fire prevention.
305.13. Assistant chief. In the absence or disability of the chief, the assistant chief performs the functions and exercises the authority of the chief.
305.15. Firefighters. The assistant chief and firefighters may not be less than 18 nor more than 65 years of age and must be able-bodied. They become members of the fire department after a six-months' probationary period.
305.17. Relief association. The members and officers of the fire department must organize themselves into a firefighter's relief association.
305.19. Interference with department. It is unlawful to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the chief at a fire, or to interfere with the fire department in the discharge of its duties. Any person convicted of violating this subsection is guilty of a misdemeanor.
West Concord City Code310.01
SECTION 310 - POLICE DEPARTMENT
310.01. Created. There is created and continued a city police department consisting of a police chief and any number of deputies so appointed and employed by the city as from time to time may be necessary for the maintenance of peace and order within the city. The city may, in the alternative, contract for police protection services.
310.03. Power of Arrest. The police department may arrest a person engaged in the violation of any city ordinance or the laws of the State of Minnesota and any person for whom they hold a warrant.
310.05. Violation. It is unlawful to by threats, force or fraud to rescue or attempt to rescue any person from lawful custody or from an officer or other person having that person under lawful arrest.
West Concord City Code315.01
SECTION 315 – SPECIAL ASSESSMENTS – CURRENT SERVICES
315.01. Authority. This section is adopted pursuant to Minnesota Statutes, section 429.101.
315.03. Application. This section applies to the following municipal services (the current services):
a)the repair of sidewalks and alleys;
b)weed elimination from streets or private property;
c)removal or elimination of public health or safety hazards from private property;
d)installation or repair of water service lines, street sprinkling, or other dust treatment of streets;
e)the trimming and care of trees and the removal of diseased trees on from a street;
f)the treatment and removal of insect infested or diseased trees on private property;
g)the operation of a street lighting system;
h)the operation of maintenance of a fire protection system;
i)the operation and maintenance of a pedestrian skyway system;
j)reinspections which find noncompliance after the due date for compliance with an order to correct a municipal housing maintenance code violation;
k)the recovery of any disbursements under Minnesota Statutes section 504B.445, subdivision 4, clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in Minnesota Statutes section 504B.445, subdivision 4, clause (2): and
l)painting the exterior of a structure to remedy a municipal code violation.
315.04. Personal Liability. Except as otherwise provided by law, the owner of property onwhich or adjacent to which a current service has been performed under this section, is personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the city administrator or clerk, or other designated official, must prepare a bill and mail it to the owner and thereupon the amount will be due and payable in the office of the city administrator or clerk.
315.07.Assessment. On or before September 15 of each year, the administrator or clerk must list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under this section. The council may then levy the unpaid charges against the property as a special assessment under Minnesota Statutes, section 429.101 and other pertinent statutes, for certification to the county auditor and collection along with current taxes the following year or in annual installments not exceeding 10, as the council determines.
West Concord City Code310.01
SECTION 320 – CHARGE FOR EMERGENCY SERVICE AND COLLECTION
320.01.Authority. This section is adopted pursuant to Minnesota Statutes, section 415.01, 366.011
and 366.012.
320.03. Application. This section applies to the following emergency services:
a)fire;
b)rescue;
c)medical, and;
d)related services.
320.05.Charges for emergency services; collection. The city may impose a reasonable service
charge for emergency services, including fire, rescue, medical, and related services provided by the city or contracted for by the city. If the service charge remains unpaid 30 days after a notice of delinquency is sent to the recipient of the service or the recipient’s representative or estate, the city or it contractor on behalf of the City may use any lawful means allowed to a private party for the collection of any unsecured delinquent debt. The city may also use the authority of section 366.012 to collect unpaid service charges of this kind from delinquent recipients of services who are owners of taxable real property in the city, or areas served by the city for emergency services.
The powers conferred by this section are in addition and supplemental to the powers conferred by any other law for a city to impose a service charge or assessment for a service provided by the city or contracted for the city.
320.07. Collection of unpaid service fees. If a city is authorized to impose a service charge on the owner, lessee, or occupant of property, or any of them, for a governmental service provided by the city, the city may certify to the county auditor, on or before October 15 for each year, any unpaid service charges which shall then be collected together with property taxes levied against the property. A charge may be certified to the auditor only if, on or before September 15, the city has given written notice to the property owner of its intention to certify the charge to the auditor. The service charges shall be subject to the same penalties, interest and other conditions provided for the collection of unpaid costs and service charges.
West Concord City Code325.01
SECTION 325 COMBINING CLERK AND TREASURER POSITIONS;
CREATING CITY ADMINISTRATOR POSITION
325.01.Clerk and Treasurer positions combined. Pursuant to Minnesota Statues, section 412-591, the office of clerk and treasurer in the City are combined in the office of clerk-treasurer with such duties as prescribed and contained in Minnesota Statutes, chapter 412.
325.02.City Administrator. The office of city administrator is created in the City and shall have the duties of the combined position of clerk-treasurer, as well as all other duties assigned by the city council to the city administrator position at the discretion of the council.
SECTION 2. Section 105.01, Subdivision 5 of the West Concord City Code is hereby amended by inserting language, to read as follows:
105.01. Definitions; common terms.
Subd. 5. “Clerk” means the West Concord city clerk-treasurer as created and established in Section 325 of the City Code, with such position also being commonly referred to as city administrator.
SECTION 3. This ordinance shall be in full force and effect for and after its passage and publication as required by law.
SJR125354
WE350-9