[Adopted 7-10-1995 by Ord. No. 95-011]
The purpose of this article is to enable the
City to require reimbursement for all costs and damages incurred in
connection with emergency responses involving confined space rescue
operations. Such costs and damages shall include, but not be limited
to, those associated with incident abatement, including any related
third-party costs, which were necessary to perform the rescue of a
person or persons from a confined space.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this article, except where the context clearly indicates a different
meaning:
Any space that is not intended for continual occupancy, has
limited means of egress and has the potential for physical, chemical
or atmospheric engulfment.
The direct and reasonable costs incurred by the City, or
by a private person, corporation or other entity operating at the
request of/or direction of the City, when making an emergency response
to an incident, including the costs of providing police, fire-fighting
and rescue service at the scene of the incident. These costs include,
but are not limited to, all the salaries, wages and workers' compensation
benefits of the City personnel responding to the incident; all the
salaries, wages and workers' compensation benefits of the City personnel
engaged in investigation, supervision and report preparation; the
cost of materials obtained directly by the City; and the cost of contract
labor or materials.
Providing, sending and/or utilizing public service, or any
agent, of the City, at or to an incident involving the rescue of a
person or persons trapped in a confined space.
Any individual, joint-stock company, partnership, voluntary
association, society, club, firm, company, corporation, business trust,
organization, or any other group acting as a unit, or the manager,
lessee, agent, servant, partner, member director, officer or employee
of any of them, including an executor, administrator, trustee, receiver
or other representative appointed according to law.
If the Fire Department conducts a survey of
a site having a confined space that requires specialized apparatus
or equipment to perform a rescue, and such specialized apparatus or
equipment is not normally provided by the Fire Department, the Fire
Chief may require that the person responsible for the site provide
such specialized apparatus or equipment on site for use by the Fire
Department in the performance of confined space rescue.
The Fire Department shall be provided access
to all sites containing confined spaces to conduct training operations,
specific to the needs of said site, on a periodic basis.
The expense of an emergency response shall be
a charge against the person liable for expenses under this article.
The charge constitutes a debt of such person and is collectible by
the City of Monroe, for incurring such expense, in the same manner
as in the case of an obligation under a contract, express or implied.
The City Director of Finance shall, within 10
days of receiving a statement of itemized costs incurred for an emergency
response, submit an invoice for the same, by first class mail or personal
service, to the person liable for such costs as set forth in this
article. Said invoice shall require full payment within 30 days from
the date of service.
Any person described in this article as being
liable for the expenses of an emergency response, who fails to reimburse
the City within 30 days of receiving notice of the expenses incurred
by the City as a result of an emergency response, shall be considered
in default. If the person who is liable for the debt refuses to reimburse
the City, and owns real estate within the City, the expenses shall
be assessed against the real estate in the manner provided by the
City Charter (delinquent bills and assessments). If the person does
not own real estate in the City, collection shall be pursued by the
City Attorney. The City shall also have the right to bring an action
in an appropriate court to collect such costs if it deems such action
to be necessary.
