[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 8-11-2009 by Ord. No. 246. Amendments noted where applicable.]
GENERAL REFERENCES
Building regulations — See Ch. 122.
In order to protect the Village from extraordinary expenses
resulting from the utilization of Village resources in response to
certain public safety or fire emergency incidents, this chapter authorizes
the imposition of charges to recover actual costs incurred by the
Village in responding to such incidents.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, unless the
context clearly indicates a different meaning:
Any device or assembly of equipment and devices arranged
to signal the presence of a condition requiring urgent attention and
to which police officers, fire fighters or emergency medical personnel
are expected to respond. An "alarm system" may include, but is not
limited to, systems commonly known as a "holdup alarm system," "burglar
alarm system," "intrusion alarm system," "temperature fire alarm system,"
"manual fire alarm system," "fire alarm system," or an "automatic
sprinkler water-flow alarm system." An alarm system on a motor vehicle
shall not be considered an alarm system for the purposes of this chapter,
unless an alarm system on a motor vehicle shall be connected with
an alarm system at a premises. Building/premises alarm systems designed
solely to alert occupants of the premises or a private monitoring
post, or to activate a fire-suppression system or similar system,
and which lack an audible signal, flashing light, or telephone or
other communications system designed to alert persons outside of the
premises, are likewise excluded, unless an alarm generated by such
a system is communicated to the Police Department, Fire Department
or emergency medical personnel and results in a response.
A person or other entity on whose premises an alarm system
is maintained within the Village. Information identifying the alarm
user shall be provided to the Village of Cassopolis through the registration
process under this chapter. In the event of an unregistered system,
or one with outdated registration information, the property owner
of record shall be considered to be the alarm user.
Those costs for services incurred by the Village in connection
with a response to a public safety or fire emergency incident, including
but not limited to the actual labor and material costs of the Village
(including, without limitation, employee wages, fringe benefits, administrative
overhead, costs of equipment, costs of equipment operation, costs
of materials, costs of transportation, costs of material disposal
and costs of contracted labor) whether or not the services are provided
by the Village or by a third party on behalf of the Village; service
charges and interest; attorney's fees, litigation costs and any
costs, charges, fines or penalties to the Village imposed by any court
or state or federal governmental entities.
The verbal or written threat of a bomb or other explosive
device, which would violate a federal, state or local law.
A false alarm which is a nonchargeable alarm.
Emergency medical, public safety, police, fire and civil
defense services.
Any request for emergency assistance made to a particular
location or premises if such location or premises has requested emergency
assistance, resulting in false alarms, more than three times in the
preceding 30 days.
Any automated or manual device designed to request or summon
emergency assistance made to a particular location or premises if
such location or premises has requested emergency assistance more
than three times in the preceding 30 days.
Any occurrence, incident, activity, accident or emergency
where a release of hazardous materials occurs or is reasonably imminent
and where the fire chief or his designee has so declared such activity,
accident or emergency a hazardous incident or emergency.
Those elements, substances, waste or by-products, including
but not limited to combustible liquid, flammable gas, explosive, flammables,
poison, organic peroxides, oxidizers, pyrophorics, unstable reactive
matter, water reactive matter, petroleum products, antifreeze, polychlorinated
biphenyls and asbestos, which are or are potentially harmful to the
environment or human or animal life, or which pose an unreasonable
or imminent risk to life, health or safety of persons or property,
or to the ecological balance of the environment as determined by the
fire chief or the incident commander of the Village in charge at the
scene.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire. The
term "illegal fire" does not include an unintentional fire or fire
cause by an act of God, which for illustration and not limitation
would include such occurrences as lightning storms.[1]
A device, whether manually operated or automatic, which signals
the existence of a condition which activates an alarm system, and
includes manual pull stations or "panic buttons," temperature sensors,
smoke detectors, motion sensors, door or window status sensors, water-flow
sensors, and similar devices.
Any self-propelled or towed vehicle designed or used on the
public streets, roads and highways to transport passengers or property
which is required to be registered for use upon such public streets,
roads and highways and for the purposes hereof all trailers or appurtenances
attached to any motor vehicle.
A false alarm which is: the result of a storm or interruption
of telephone, electrical or other utility service, which interruption
is not the fault of the building owner; or the result of system testing
or maintenance, having notified the Police/Fire Dispatch Center at
least one hour before the testing or maintenance begins and of the
completion of testing or maintenance within one hour of said completion;
or other extenuating circumstances, in the discretion of the Village.
Correction of the procedural or mechanical defect which caused the
false alarm may be considered a mitigating factor allowing a waiver,
in the sole judgment of the Village.
Any actual or threatened spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, leaching, dumping or disposing
into the environment, including but not limited to the air, soil,
groundwater and surface water.
An action requiring a rescuer to extricate a person or animal
from a position of risk to a position of safety. Examples of rescues
could include but are not limited to: auto extrication, water rescue,
confined space, trench rescue or high angle rescue.
Any individual, firm, corporation, association, partnership,
commercial entity, joint venture, government entity or any other legal
entity responsible for a public safety or fire emergency incident
or any owner, tenant, occupant or party in control of real or personal
property from which, onto which or related to which there is a public
safety or fire emergency incident and their heirs, estates, successors
and assigns.
The tearing down of a structure damaged by fire or explosion,
which must in the opinion of the fire chief and/or the building inspector
and/or their designee be promptly demolished following the fire or
explosion to protect public safety.
The verbal or written threat of physical harm to oneself
or another property, which if carried out would be a violation of
federal, state or local law.
Any chargeable alarm in excess of three in any calendar year
from the same alarm system is hereby declared to be a public nuisance.
However, an alarm system with at least 40 initiating devices shall
be permitted one additional chargeable alarm per calendar year for
every 40 initiating devices in the system before any excess alarms
are declared a public nuisance.
A.
All alarm users shall register each alarm system with the Village
within 10 days of installation, or, for existing alarms, no later
than December 31, 2009.
B.
Separate registrations are required for each alarm system. The registration
shall be on a form provided by the Village, requiring such relevant
information as might be deemed necessary, but including the name and
telephone number(s) of at least two persons or other points of contact
with the knowledge and means to activate and/or disable the system.
In the event a point of contact should be a station which is continuously
staffed/monitored, no second point of contact is necessary. In the
event that the property owner of record should not be considered the
alarm user, an affidavit must be filed with the Village indicating
a lessor will be responsible, indicating the duration of the lease,
and accompanied by a copy of the lease.
A.
The Village may recover all assessable costs in connection with a
public safety or fire emergency incident from any or all responsible
parties jointly or severally.
B.
The Village Manager shall appoint a review committee of three persons,
with approval of the Village Council, who shall serve at the pleasure
of the Manager. The committee
shall determine the total assessable costs and shall in consultation
with other Village personnel involved in responding to a public safety
or fire emergency incident determine whether to assess any, all or
part of such costs against any of the responsible parties. In making
such determination, the following shall be considered:
(1)
The total assessable costs;
(2)
The risk the public safety or fire emergency incident imposed on
the Village, its residents and their property;
(3)
Whether there was any injury or damage to persons or property;
(4)
Whether the public safety or fire emergency incident required evacuation;
(5)
Whether Village equipment was used or damaged and was caused to be
removed from service;
(6)
The extent the public safety or fire emergency incident required
an unusual or extraordinary use of Village personnel and equipment;
and
(7)
Whether there was any damage to the environment.
C.
After consideration of the factors in Subsection B of this section, the Village Manager may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability therefor or is legally at fault.
D.
If the Village Manager or his designee determines not to assess all
or a part of assessable costs against a responsible party, such determination
shall not in any way limit or extinguish the liability of the responsible
party to other parties.
After determining to assess assessable costs against a responsible
party, the Village Treasurer or his/her designee shall mail an itemized
invoice to the responsible party at their last known address. Such
invoice shall be due and payable within 30 days of the date of mailing.
If a responsible party shall appeal assessable costs pursuant to provisions
of this chapter, if upheld, in whole or in part, shall be due and
payable 30 days from the date of the appeal and any late payment fees
shall apply thereafter.
Any responsible party who receives an invoice for assessable
costs shall have an opportunity to meet with the committee to request
a modification of assessment costs. The responsible party shall request
in writing such meeting within seven calendar days of the date of
the invoice assessing the assessable costs. If after meeting with
the committee the responsible party is still not satisfied, he may
request an opportunity to appear before the Village Council to further
request a modification of assessable costs. Such appearance shall
be on the next regular meeting night. A responsible party who desires
to appear before the Village Council must first meet with the Village
Manager or his designee as provided above and shall file a written
request to appear before the Village Council with the Village Clerk
within seven days of the date of the meeting with the committee. Upon
receipt of such request, the Village Clerk will place the responsible
party on the agenda of the next regularly scheduled Village Council
meeting, which meeting is at least 14 calendar days after the date
on which the responsible party files the request to appear. Any filed
request to appear shall specifically identify and explain all reasons
why the responsible party believes the assessed costs should be modified.
Any reason, basis or argument for modification of assessable costs
not set forth in the request to appear shall be deemed waived by the
responsible party. Failure to timely file a written request to appear
shall constitute a waiver of the responsible party's right to
appear before the Village Council; and shall further constitute the
responsible party's agreement to pay the assessable costs invoiced.
After a responsible party has been given an opportunity to appear
before it, the Village Council shall promptly determine whether to
confirm, modify or void the payment of assessable costs invoiced.
Such action shall be by roll call vote.
Assessable costs assessed against a responsible party not paid
when due, including late payment fees, shall constitute a lien upon
the real property of the responsible party in the Village, from which,
upon which or related to which the public safety or fire emergency
incident occurred. Such lien shall be of the same character and effect
as the lien created by the Village Charter for Village real property
taxes and shall include accrued interest and penalties. The Village
Treasurer shall, prior to May 1 of each year, certify to the Village
Council the fact that such assessable costs are delinquent and unpaid.
The Village Treasurer shall then enter the delinquent amount on the
next general ad valorem tax roll as a charge against the affected
property, and the lien thereon shall be enforced in the same manner
as provided and allowed by law for delinquent and unpaid personal
property taxes.
In addition to the remedy set forth in § 100-8, the Village shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
The recovery of assessable costs pursuant to this chapter does
not limit the liability of a responsible party under applicable local,
state or federal law.
