Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 3-20-2006 by Ord. No. 290. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 244.

§ 245-1 Purpose.

It is the purpose of this chapter to provide for charges for certain assessable services, to define responsibility for such charges, and to clarify that any party benefiting from the Township's contract for fire and emergency services shall be liable for payment of services rendered and to allow for billing through the Township for other departments or agencies providing assistance within the Township.

§ 245-2 Responsible parties.

The Township shall bill persons, entities, or corporations determined to be responsible for certain assessable services provided by or through the Township fire and emergency contract with outside municipalities. Any party benefiting from such services shall be liable for payment of the full charge for such services rendered. When a particular service rendered by or through the Fire Department directly benefits more than one person or property, the owner of each property so benefited and/or each person so benefited, if property protection is not involved, shall each be liable for payment of the full charge for services. Beneficiaries shall also be responsible jointly and severally for charges billed to the recipient of the service. Parents and/or guardians shall be responsible for payment for assessable services incurred by minors who caused the condition or event leading to the charges.

§ 245-3 Assessable costs.

Costs associated with the following responses, actions or services, also referred to as "assessable services," shall be jointly and severally assessed to any and all responsible and benefited parties:
A. 
Every fire in or at a structure or on a property beyond one each calendar year time period.
B. 
A utility line or facility failure or problem.
C. 
Any water or ice rescue or recovery attempt.
D. 
Any technical rescue unit (i.e., means the equipment and/or specially trained rescue and/or recovery team provided by governmental or private emergency response service to provide emergency service in situations involving the technical rescue and/or recovery situation).
E. 
A motor vehicle accident, extrication of individuals from a vehicle, or motor vehicle fire, including but not limited to spill clean up, foam, and fire extinguishers.
F. 
Excessive requests for emergency assistance, including but not limited to calls made for a particular location or commercial entity if that location or commercial entity has requested or received emergency assistance of any type more than two times in each calendar year time period.
G. 
A false alarm in excess of two times in each calendar year time period.

§ 245-4 Costs covered.

Costs incurred by the Township include but are not limited to materials, equipment, manpower, administration, and assistance provided through the Township's contract for fire and emergency services with outside municipalities or outside sources or contractors, injuries or damages to people or property that result from the situation which caused the Township to incur assessable costs, and any other factors deemed relevant by the Township Board.

§ 245-5 Charges for services.

The charge for each of the responses, actions or services set forth in § 245-3 shall be $250. Any subsequent changes in these charges shall be set by resolution of the Board of the Charter Township of East China. All charges assessed pursuant to this chapter shall become due within 30 calendar days of the date of the statement, unless an appeal is pending.

§ 245-6 Applicability of charges regardless of outcome.

The charges under this chapter shall be applicable regardless of the results or outcome of services provided by or through the outside Fire Department with regard to the particular fire, rescue service, or other emergency involved.

§ 245-7 Right to appeal.

Any responsible party who receives a statement of charges pursuant to this chapter shall have the opportunity to appeal the costs to the Township Board. The responsible party who wishes to appeal any charges shall file a written appeal with reasons for the appeal with the Township Treasurer within 14 calendar days of the statement of the charges. The appeal will stay all payments due until the appeal is decided by the Township Board. The appeal will be placed on the agenda of the next regularly scheduled or special Township Board meeting. The Township Board will consider the request and will make a determination regarding the charges in the case appealed. The Township Board will also determine the date that any or all charges involved in the appeal will become due.

§ 245-8 Exemptions.

The following properties and services shall be exempted from the foregoing charges:
A. 
Fires caused by railroad trains, which are the specific statutory responsibility of railroad companies.
B. 
Fires involving Township buildings, grounds and/or property.
C. 
Fire service performed outside the jurisdiction of the Township under a mutual aid contract with an adjoining municipality.

§ 245-9 Collection of charges.

The Township may proceed in District Court by suit to collect any monies remaining unpaid and shall have any and all other remedies provided by law for the collection of said charges.

§ 245-10 Nonexclusive charge.

The foregoing charges shall not be exclusive of the charges that may be made by the Township for the costs and expenses of maintaining a fire and emergency service contract but shall only be supplemental thereto. Charges may additionally be collected by the Township through general taxation after a vote of the electorate approving the same or by a special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional costs and expenses.