This chapter is adopted for the purpose of instituting a process
of recovering costs and expenses for services provided by the Village
which result from the use of Village resources in response to certain
public safety, fire, or emergency incidents or conditions. This chapter
is authorized by Michigan law, including, but not limited to, MCL
41.181 and MCL 41.806a.
For purposes of this chapter, the following words, terms and
phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
EMERGENCY RESPONSE
The following actions or services provided by the Village,
or by a private individual or corporation operating at the request
or direction of the Village:
A.
Extinguishing or fighting any fire occurring in or at a structure
or occurring on public or private property.
B.
Any incident requiring a response by the Village involving any
public or private utility property, which requires Village equipment
or personnel to remain at the location of the incident to protect
the health, safety and welfare of the public until the utility provider
responds to the incident and takes corrective measures.
C.
The extrication of an individual(s) from a vehicle.
D.
The extrication and/or cleanup of fluids involving motor vehicle
accidents.
E.
Extinguishing or fighting any vehicle fire.
F.
Any response to a false alarm at a property in excess of two
times in a calendar year.
EXPENSES
The actual labor cost of government and fire personnel, including
worker's compensation benefits, fringe benefits, administrative
overhead, cost of equipment, cost of equipment operation, cost of
materials, cost of disposal, and the cost of any contract, labor and
materials.
HAZARDOUS/TOXIC MATERIALS INCIDENT
A sudden and unexpected release of a substance, that because
of its quantity, concentration or physical, chemical or infectious
characteristics, presents a direct and immediate threat to public
safety or the environment, and requires immediate action to abate,
mitigate, and clean up.
NEGLIGENT FIRES
A fire proximately caused by the negligence of an owner or
operator of property and/or structures which present a direct and
immediate threat to the public safety and requires immediate action
to mitigate the threat.
PERSON RESPONSIBLE
The owner, operator and/or person(s) in charge of or in possession
of the structure, property, or vehicle to which the emergency response
is directed.
VEHICLE
All motor vehicles (including but not limited to cars, trucks,
semitractors, motorcycles and trailers), trains, aircraft, or watercraft.
The following services and circumstances do not constitute a
false alarm and shall be exempt from charges authorized by this chapter:
A. An alarm triggered by damage to public utility lines when the affected
public utility satisfactorily corroborates that the damage to said
lines caused the alarm.
B. False alarms due to system malfunctions and/or maintenance complications
not exceeding three alarms in any consecutive calendar year.
C. Fire involving Village buildings, grounds and/or property when the
fire is not caused by the act or omission of an employee and/or agent
of the Village.
D. An alarm caused by storm, tornado, or other violent condition or
circumstance beyond the control of the person whose property is served
by the alarm.
E. Fire or other emergency service executed outside the jurisdiction
of the Village for which an enforceable Mutual or Automatic Aid agreement
exists, unless the municipality in which assistance is rendered has
adopted an ordinance to impose or authorize the collection of fire
and emergency services fees as authorized by law.
The Village Treasurer, his/her designee, authorized agent, or
contracted billing service shall prepare and mail by first-class mail
or by personal service an itemized invoice to each responsible person(s)
for the expense as enumerated under this division.
This chapter shall take effect upon the latter: (1) immediately
upon publication; or (2) 20 days time following its final adoption
in accordance with the Village Charter.