[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.]
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.
[Amended 6-20-2022 by Ord. No. 324]
The Township shall bill commercial 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.
[Amended 6-20-2022 by Ord. No. 324]
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.
B.
A utility line or facility failure or problem.
C.
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).
D.
A false alarm.
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.
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.
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.
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.
A.
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.
B.
Assessable costs, lien upon property. Assessable costs when not paid, including late payment and interest, shall constitute a lien upon real property which shall be payable and collectible in the same manner as real property taxes, including interest and penalties thereto as a cumulative remedy. To the extent allowed by applicable law, the Township may pursue any responsible party under either or both Subsection B(1) or (2).
[Amended 10-6-2021 by Ord. No. 321]
(1)
Any
responsible party who fails to timely pay the costs assessed pursuant
to this chapter shall be considered in default. In the case of default,
the Township may commence a civil action to recover the costs, plus
a late payment penalty of 1% per month or part of a month during which
the costs remain unpaid. In addition to the costs, fees, or penalties
provided in the chapter, the Township may recover reasonable attorney's
fees, court costs, court reporter's fees and other expenses of litigation
by appropriate action at law against persons found to be a responsible
party.
(2)
All
of the costs for services that have been rendered to real or personal
property in the Township, or the owner of real or personal property
in the Township, may be billed to the owner of the subject property,
and all invoices which remain unpaid for more than 30 days shall become
a lien on the property and assessed against such property.
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.
