[Adopted 8-25-2009 by Ord. No. 1227]
This article shall be known as and be referred to as the "City of Roseville Arson and/or Unique Fire Incident Cost Recovery Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ACCELERANT A material (usually a liquid) which is highly flammable and sometimes explosive used to increase the burning rate and hasten and spread the fire and accelerate burning.
ARSON The willful, malicious burning of property with criminal or fraudulent intent.
BURN To set on fire; to char, scald, heat or destroy by fire; aiding, counseling, inducing, persuading or procuring another to do such act or acts.
CITY The City of Roseville and all departments and units of said City.
COST RECOVERY/EXPENSES OF AN ARSON AND/OR UNIQUE FIRE INCIDENT A. Any and all costs incurred by the City of Roseville, and shall include, but not be limited to expenses attributable to the response.
B. The costs further include all salaries and wages of City of Roseville personnel responding to the incident, salaries and wages of City of Roseville personnel engaged in the investigation, supervision and report preparation regarding said incident, and/or use of the canine accelerant detection team and all costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearance of witnesses at any court proceedings in relation thereto.
C. Costs shall include all City vehicles responding to the incident (charges for vehicles set by the Macomb County Fire Chiefs Association). Costs shall also include such items as disposable materials and supplies used during the response to said incident, rental or leasing of equipment used for specific response, replacement of equipment which is contaminated beyond reuse or repair during response to said incident, medical expenses and hospitalization costs for exposures, injuries or illnesses resulting from the incident, costs of all meals for all personnel involved in the incident, extinguishing agents, water purchased from municipal water systems, special technical services and laboratory costs and services and supplies purchased for any specific evacuation relating to said incident.
EMERGENCY RESPONSE The providing, sending and/or utilizing of firefighting, police, emergency medical and rescue services and/or other City departments at the request or direction of the City of Roseville for an incident resulting from known arson, suspected criminal activity or fire later determined to be arson.
FIRE CHIEF The administrative head of the Roseville Fire Department.
OWNER Any person or persons having a vested or contingent interest in the premises, real property or vehicle involved in the known arson, suspected criminal activity or fire later determined to be arson, including but not limited to any duly authorized agent or attorney, purchaser, devisee or fiduciary or said person having said vested or contingent interest.
PERSON Individuals, firms, joint ventures, partnerships, corporations, clubs and all associations or organizations or natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, contractor, employee, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.
RESPONSIBLE PARTY Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, sole proprietorship, trust, firm, joint-stock company, limited liability company, government entity or any other legal entity responsible for the incident and any owner, tenant, operator, occupant or other person in control of or responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle where an incident resulting from known arson, suspected criminal activity or fire later determined to be arson on or about said building, premises, property and/or vehicle. The responsible party shall be required to reimburse the City of Roseville for all costs and expenses of an incident resulting from known arson, suspected criminal activity or fire later determined to be arson as further defined in this article.
SUSPECTED CRIMINAL ACTIVITY Any event for which a law enforcement agency or fire department specifically requests the Roseville Fire Department Fire Marshal Division to respond and/or to provide services where the law enforcement agency or fire department is investigating a crime or suspicious incident or where it has been determined that a fire has been caused by arson, irrespective of whether a person is convicted of arson.
Costs to be recovered under this article shall be those costs and expenses as defined in §
127-4. If the responsible party fails to pay the City of Roseville for costs incurred within 30 days of the date of the invoice sent by the City of Roseville to the responsible party, the City of Roseville may institute legal action to collect the costs due, including expenses, costs and reasonable attorney fees incurred to collect those costs. Any cost recovery under this article shall be separate from any costs and expenses ordered as restitution.
Nothing in this article shall be construed to conflict with state or federal laws requiring person(s) responsible for arson, suspected criminal activity or fire later determined to be arson from engaging in remediation activities or paying the cost thereof, or both.
The remedies provided by this article shall be in addition to any other remedies available in equity or at law and such penalties as provided by law or ordinance.