[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-25-2009 by Ord. No. 1227]
A.Â
The City of Roseville Fire Department finds that there are certain situations where the resources of the City of Roseville Fire Department, rescue and emergency medical services and other departments within the City (Police, DPW, Water, etc.) are used disproportionately for the benefit of parties other than the residents and taxpayers of the City of Roseville in situations where fairness and equity demand that the person(s) responsible, not the taxpayers of the City of Roseville as a whole, pay the costs of Fire Department response.
B.Â
The City of Roseville Fire Department finds that it is equitable to collect the costs directly in the situations set forth herein, which serves the life/safety issues of the City of Roseville and its residents to protect the City of Roseville from extraordinary expenses resulting from responses to any known arson, suspected criminal activity or fire later determined to be arson. The expenses/costs being generated by the response, extinguishment (equipment and manpower), investigation (by both Fire and Police Departments) and other City departments (if required) shall be reimbursed to the City of Roseville by the person(s) (unknown or hired/recruited by), owners and /or operators of any property, instrumentalities, equipment or vehicles which cause in whole or in part, or contribute to in whole or in part, through negligent or intentional acts or omissions to the occurrence.
This article shall be known as and be referred to as the "City of Roseville Arson and/or Unique Fire Incident Cost Recovery Ordinance."
As used in this article, the following terms shall have the meanings indicated:
A material (usually a liquid) which is highly flammable and sometimes explosive used to increase the burning rate and hasten and spread the fire and accelerate burning.
A canine that has been trained to detect minute traces of accelerants that may have been used to start a fire.
The willful, malicious burning of property with criminal or fraudulent intent.
To set on fire; to char, scald, heat or destroy by fire; aiding, counseling, inducing, persuading or procuring another to do such act or acts.
The City of Roseville and all departments and units of said City.
Any and all costs incurred by the City of Roseville, and shall include, but not be limited to expenses attributable to the response.
The costs further include all salaries and wages of City of Roseville personnel responding to the incident, salaries and wages of City of Roseville personnel engaged in the investigation, supervision and report preparation regarding said incident, and/or use of the canine accelerant detection team and all costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearance of witnesses at any court proceedings in relation thereto.
Costs shall include all City vehicles responding to the incident (charges for vehicles set by the Macomb County Fire Chiefs Association). Costs shall also include such items as disposable materials and supplies used during the response to said incident, rental or leasing of equipment used for specific response, replacement of equipment which is contaminated beyond reuse or repair during response to said incident, medical expenses and hospitalization costs for exposures, injuries or illnesses resulting from the incident, costs of all meals for all personnel involved in the incident, extinguishing agents, water purchased from municipal water systems, special technical services and laboratory costs and services and supplies purchased for any specific evacuation relating to said incident.
The providing, sending and/or utilizing of firefighting, police, emergency medical and rescue services and/or other City departments at the request or direction of the City of Roseville for an incident resulting from known arson, suspected criminal activity or fire later determined to be arson.
The City of Roseville Fire Department.
The administrative head of the Roseville Fire Department.
An individual/designee named by and accountable to the Fire Chief.
An individual/designee named by and accountable to the Fire Chief.
Any person or persons having a vested or contingent interest in the premises, real property or vehicle involved in the known arson, suspected criminal activity or fire later determined to be arson, including but not limited to any duly authorized agent or attorney, purchaser, devisee or fiduciary or said person having said vested or contingent interest.
Individuals, firms, joint ventures, partnerships, corporations, clubs and all associations or organizations or natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, contractor, employee, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.
Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, sole proprietorship, trust, firm, joint-stock company, limited liability company, government entity or any other legal entity responsible for the incident and any owner, tenant, operator, occupant or other person in control of or responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle where an incident resulting from known arson, suspected criminal activity or fire later determined to be arson on or about said building, premises, property and/or vehicle. The responsible party shall be required to reimburse the City of Roseville for all costs and expenses of an incident resulting from known arson, suspected criminal activity or fire later determined to be arson as further defined in this article.
An individual/designee named by and accountable to the Fire Chief.
Any event for which a law enforcement agency or fire department specifically requests the Roseville Fire Department Fire Marshal Division to respond and/or to provide services where the law enforcement agency or fire department is investigating a crime or suspicious incident or where it has been determined that a fire has been caused by arson, irrespective of whether a person is convicted of arson.
A.Â
Any person(s) who is convicted of arson, suspected of criminal activity or fire later determined to be arson shall be responsible and liable for all costs incurred by the City of Roseville for such activities.
B.Â
All the costs incurred by the City of Roseville for such activities shall be invoiced to and paid by the responsible party.
C.Â
In any case where the Roseville Fire Department personnel and equipment respond to an arson, suspected criminal activity or fire later determined to be arson, the responsible party or parties shall be liable to the City of Roseville for all costs of firefighting and extinguishment, investigating of cause and origin, and/or use of the canine accelerant detection team, board-up services, any other security procedures performed by the City of Roseville Fire Department, and/or other costs and expenses as defined in this article.
D.Â
The expense of the emergency response shall be a charge imposed upon the responsible party under this article. The charge constitutes a debt of that responsible party and is collectible by the City of Roseville in the same manner as an obligation under contract, express or implied.
A.Â
Within 10 days of receiving all costs and expenses, an invoice will be prepared and submitted for payment of said costs and expenses to the responsible party liable for the expenses and enumerated under this article. The invoice will be sent by registered or certified mail, return receipt requested.
B.Â
The invoice shall require full payment within 30 days from the date of mailing or service of said invoice to the responsible person(s).
C.Â
Any questions or challenges to the invoice should be made prior to the thirty-day full payment requirement to avoid any legal action by the City of Roseville.
Costs to be recovered under this article shall be those costs and expenses as defined in § 127-4. If the responsible party fails to pay the City of Roseville for costs incurred within 30 days of the date of the invoice sent by the City of Roseville to the responsible party, the City of Roseville may institute legal action to collect the costs due, including expenses, costs and reasonable attorney fees incurred to collect those costs. Any cost recovery under this article shall be separate from any costs and expenses ordered as restitution.
Nothing in this article shall be construed to conflict with state or federal laws requiring person(s) responsible for arson, suspected criminal activity or fire later determined to be arson from engaging in remediation activities or paying the cost thereof, or both.
The remedies provided by this article shall be in addition to any other remedies available in equity or at law and such penalties as provided by law or ordinance.
