[Adopted 8-25-2009 by Ord. No. 1227]
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:
ACCELERANT
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.
ARSON
The willful, malicious burning of property with criminal
or fraudulent intent.
BURN
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.
CITY
The City of Roseville and all departments and units of said
City.
COST RECOVERY/EXPENSES OF AN ARSON AND/OR UNIQUE FIRE INCIDENT
A.
Any and all costs incurred by the City of Roseville, and shall
include, but not be limited to expenses attributable to the response.
B.
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.
C.
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.
EMERGENCY RESPONSE
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.
FIRE CHIEF
The administrative head of the Roseville Fire Department.
OWNER
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.
PERSON
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.
RESPONSIBLE PARTY
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.
SUSPECTED CRIMINAL ACTIVITY
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.
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.