[HISTORY: Adopted by the City Commission of the City of Lapeer 2-16-2006 (Ch. 48 of the 1978 General
Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to enable the City to require
reimbursement from:
A.Â
Those responsible for (either intentionally, accidentally, or as
a result of actions by others) or owning or controlling property affected
by, the leaking, spilling, releasing or allowing certain hazardous
substances or materials to escape containment, or for damaged and/or
downed power lines, electric service lines, gas mains, gas service
conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy
leads, telephone lines, cable television lines, traffic signals or
signs; thereby requiring the City and/or its agents, to provide emergency
containment, cleaning, and/or disposal of hazardous substances or
materials, or for the securing and prudent monitoring of the site
of an accident or natural disaster, including those involving public
or private utilities.
B.Â
Those responsible for (either intentionally, accidentally, or as
a result of actions by others) or owning or controlling property affected
by or involved in an emergency incident including bomb threats, vehicle
fires, illegal fires, extrication from vehicles involved in accidents,
and accident-related cleanup.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
An unforeseen or unexpected happening or occurrence which
of itself causes great harm or damage, or which creates the potential
for great harm or damage to individuals and/or property, and which
requires immediate and prudent securing and monitoring by the City,
and/or agents of the City, to reduce the potential for such damage,
but not including emergency incidents.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would:
Any substance (including gases or vapors) which if spilled,
leaked, or otherwise released from its container, is dangerous or
harmful to the environment or human or animal life, health, or safety,
or otherwise constitutes a danger, threat or nuisance to the public
health, safety or welfare. Hazardous materials shall include, but
not be limited to, such substances as chemicals and gases, explosives,
radioactive materials, petroleum or petroleum based products, poisons,
biologic agents, flammable, combustibles, hazardous wastes, or corrosives.
The Fire Chief or the Chief's designee shall have reasonable
discretion to determine whether any particular substance constitutes
a hazardous material.
A bomb threat, vehicle fire, an illegal fire, extrication
from vehicles involved in accidents, and accident-related cleanup.
The providing, sending and/or utilization of public works,
police, fire and/or rescue services by the City at an emergency incident
or at an incident involving release of a dangerous or hazardous substance
or material, or an accident requiring immediate and prudent securing
and monitoring by the City and/or agents of the City.
The expense for an emergency incident shall be according to
a fee schedule adopted by the Lapeer City Commission.
For all other emergency responses, the direct costs incurred
by the City in making an appropriate emergency response to an accident
or incident, including the costs of providing police, firefighting
and rescue services, public works and/or other City personnel, or
the services of other agents of the City, at the scene of an incident
or accident. Related administrative costs, which for agents of the
City shall be 15% of the actual charge to the City, accruing after
the occurrence of such incident or accident, are also included. Such
costs and expenses shall include the salaries or wages, workers' compensation
benefits, and fringe benefits of the personnel responding to the incident
or accident and the costs of equipment and materials used.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire, a fire
set in violation of a "no burning" ban or order and/or a fire set
without a required permit.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for an emergency incident or any
owner, tenant, occupant or party in control of real and/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.
It shall be the duty of any person, firm, corporation, public
or private utility, or any other entity directly or indirectly causing,
contributing to, or allowing the leakage, spillage or any other release
of dangerous or hazardous substances or materials, or owning or controlling
property affected thereby or requiring the securing and monitoring
of sites or locations of accidents and/or natural disasters, including
downed power lines and electric service lines, ruptured gas mains,
gas service conduits, water mains, occupancy leads, telephone lines,
or cable television lines, to immediately secure, monitor, and clean
up the area or location in such manner that the area or location involved
is fully restored to the condition existing prior to such occurrence.
The City shall have no duty to contain, clean up or dispose of any
release of hazardous substances or materials, or other materials,
but in emergency situations, the Fire Chief or Chief of Police, or
their designees, shall have the authority to take whatever action
is reasonably necessary to protect the health, safety, and welfare
of the general public including securing and monitoring sites of accidents
or providing for or arranging for the containment, removal or clean
up of any hazardous substances or materials. The City shall inspect
the site to insure that cleanup has been fully completed.
Any person or entity failing to comply with § 48-3, and/or where a non-emergency incident, emergency response is provided by the City, shall be liable to the City and shall reimburse the City for all costs and expenses, including the costs incurred by the City or any agents the City engages, for the complete abatement, cleanup, restoration and/or securing of the affected area.
The Department of Financial Services shall, within 10 days of
receiving itemized costs incurred for an emergency response, submit
a bill for the same by first-class mail or personal delivery to any
person or entity liable for these expenses as previously enumerated
under this chapter. The bill shall require full payment within 30
days from date of billing.
If any person or entity fails to reimburse the City as above
provided, the City shall have the right to bring an action in the
appropriate court to collect such costs. If such person or entity
is the owner of real property affected or partially affected by the
release of hazardous materials, or requiring emergency securement
or monitoring, the City shall have the right to add any and all costs
of cleanup, restoration and/or of any emergency response, to the tax
roll of such property and to levy and collect such costs in the same
manner as provided for the levy and collection of real property taxes
against said property.
