[HISTORY: Adopted by the Village Council
of the Village of New Haven 12-13-2022 by Ord. No. 398.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 202,
Cost Recovery For Emergency Services, adopted 9-10-2002 by Ord. No.
281, as amended.
This chapter is adopted for the purpose of instituting a process
of recovering costs and expenses for services provided by the Village
which result from the use of Village resources in response to certain
public safety, fire, or emergency incidents or conditions. This chapter
is authorized by Michigan law, including, but not limited to, MCL
41.181 and MCL 41.806a.
For purposes of this chapter, the following words, terms and
phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
The following actions or services provided by the Village,
or by a private individual or corporation operating at the request
or direction of the Village:
Extinguishing or fighting any fire occurring in or at a structure
or occurring on public or private property.
Any incident requiring a response by the Village involving any
public or private utility property, which requires Village equipment
or personnel to remain at the location of the incident to protect
the health, safety and welfare of the public until the utility provider
responds to the incident and takes corrective measures.
The extrication of an individual(s) from a vehicle.
The extrication and/or cleanup of fluids involving motor vehicle
accidents.
Extinguishing or fighting any vehicle fire.
Any response to a false alarm at a property in excess of two
times in a calendar year.
The actual labor cost of government and fire personnel, including
worker's compensation benefits, fringe benefits, administrative
overhead, cost of equipment, cost of equipment operation, cost of
materials, cost of disposal, and the cost of any contract, labor and
materials.
A sudden and unexpected release of a substance, that because
of its quantity, concentration or physical, chemical or infectious
characteristics, presents a direct and immediate threat to public
safety or the environment, and requires immediate action to abate,
mitigate, and clean up.
To set or start a fire without a permit to do so.
Fires which are determined to have been deliberately set.
A fire proximately caused by the negligence of an owner or
operator of property and/or structures which present a direct and
immediate threat to the public safety and requires immediate action
to mitigate the threat.
The owner, operator and/or person(s) in charge of or in possession
of the structure, property, or vehicle to which the emergency response
is directed.
All motor vehicles (including but not limited to cars, trucks,
semitractors, motorcycles and trailers), trains, aircraft, or watercraft.
A.
The Village may recover all assessable costs related to emergency
services rendered by the Village from any or all responsible parties
jointly or severally. The Village may not collect more than the total
amount owed. Liability for charges assessed under this chapter shall
not be dependent upon a finding of fault and/or negligence. The charge
constitutes a debt of the person(s) responsible and shall be collectable
by the Village in the same manner as an obligation under an enforceable
contract.
B.
A schedule of charges assessed within the expense of an emergency
response shall be set from time to time by the Village Board of Trustees
by resolution.
The following services and circumstances do not constitute a
false alarm and shall be exempt from charges authorized by this chapter:
A.
An alarm triggered by damage to public utility lines when the affected
public utility satisfactorily corroborates that the damage to said
lines caused the alarm.
B.
False alarms due to system malfunctions and/or maintenance complications
not exceeding three alarms in any consecutive calendar year.
C.
Fire involving Village buildings, grounds and/or property when the
fire is not caused by the act or omission of an employee and/or agent
of the Village.
D.
An alarm caused by storm, tornado, or other violent condition or
circumstance beyond the control of the person whose property is served
by the alarm.
E.
Fire or other emergency service executed outside the jurisdiction
of the Village for which an enforceable Mutual or Automatic Aid agreement
exists, unless the municipality in which assistance is rendered has
adopted an ordinance to impose or authorize the collection of fire
and emergency services fees as authorized by law.
The Village Treasurer, his/her designee, authorized agent, or
contracted billing service shall prepare and mail by first-class mail
or by personal service an itemized invoice to each responsible person(s)
for the expense as enumerated under this division.
A.
Invoice for charges shall demand full payment within 30 days of billing.
Any amount overdue that remains unpaid 30 days after the date of billing
shall cause the imposition of a late charge thereon at a rate of 1%
per month, until paid in full.
B.
Any failure by a person responsible to pay a bill issued under this
division within the thirty-day billing period shall be considered
a default. In case of default, The Village may commence a civil suit
against responsible person(s) or take any and all other actions permitted
at law or in equity to recover unpaid expenses of an emergency response.
C.
If legal action is taken to collect expenses owed pursuant to this
division, Village shall be entitled to recover the costs associated
with such legal action from the person(s) responsible, including,
but not limited to, reasonable and actual attorney's fees.
This chapter shall take effect upon the latter: (1) immediately
upon publication; or (2) 20 days time following its final adoption
in accordance with the Village Charter.
