[Adopted 9-8-2009 by Ord. No. 09-011]
In order to protect the City from extraordinary expenses resulting
from the utilization of City resources in response to certain fire
emergency, public safety and public utility incidents, this article
authorizes the imposition of charges to recover actual costs incurred
by the City in responding to such incidents.
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
Those costs for services incurred by the City in connection
with a response to a fire emergency or public safety incident or public
utility interruption, including, but not limited to, the actual labor
and material costs of the City (including, without limitation, employee
wages, fringe benefits, administrative overhead, costs of equipment,
costs of equipment operation, including depreciation, costs of materials,
costs of transportation, equipment, costs of material disposal and
costs of contracted labor), whether or not the services are provided
by the City or by a third party on behalf of the City, service charges
and interest, attorneys' fees, litigation costs and any costs,
charges, fines or penalties to the City imposed by any court or state
or federal governmental entities.
The verbal or written threat of a bomb or other explosive
device which, if discharged as threatened, would violate a federal,
state or local law.
Emergency medical, public safety, police, fire, public utility
and civil defense services provided by the City of Monroe.
Any automated or manual device designed to request or summon
emergency assistance, which device is activated, intentionally or
otherwise, in the absence of an actual need for emergency assistance.
The determination that there was no actual need for emergency assistance
shall be made by the most senior person responding to a false alarm;
provided, however, that a false alarm shall not be deemed to have
occurred if caused by an act of God, i.e., a lightning storm, it originates
from a motor vehicle alarm system or it has not occurred more frequently
than two times in a calendar month or three times in a calendar year.
A fire set or determined to have been set in violation of
a federal, state or local law. An illegal fire does not include an
unintentional fire or fire caused by an act of God, i.e., a lightning
storm.
Any self-propelled or towed vehicle designed or used on the
public streets, roads and highways to transport passengers or property,
which is required to be registered for use upon such public streets,
roads and highways, and, for the purposes hereof, all trailers or
appurtenances attached to any motor vehicle.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for a public safety or fire emergency
incident or any owner, tenant, occupant or party in control of real
and personal property from which, onto which or related to which there
is a public safety or fire emergency incident and their heirs, estates,
successors and assigns.
The tearing down of a structure damaged by fire which must,
in the opinion of the Fire Chief or his or her designee, be promptly
demolished following the fire to protect public safety.
The verbal or written threat of physical harm to oneself
or another or another's property which, if carried out, would
be a violation of federal, state or local law.
The disabling of any transmission or service line, cable,
conduit, pipeline, wire or the like used to provide, collect or transport
electricity, natural gas, communication or electronic signals (including,
but not limited to, telephone, computer, cable television and stereo
signals or electronic impulses), water, sanitary sewage or storm sewage
if the owner or party responsible for the maintenance of such utility
line does not respond within one hour to a request to repair or correct
such failure.
A.
The City may recover from any or all responsible parties, jointly
or severally, all assessable costs in connection with responses to
public safety or fire emergency incidents and for the provision of
emergency assistance and nonemergency assistance when requested.
B.
The City Fire Chief or his or her designee shall determine the total
assessable costs and shall, in consultation with the City Manager,
determine whether to assess any, all or part of such costs against
any of the responsible parties. In making such determination, the
following shall be considered:
(1)
The total assessable costs;
(2)
The risk the public safety or fire emergency incident imposed on
the City, its residents and their property;
(3)
Whether there was any injury or damage to person or property;
(4)
Whether the public safety or fire emergency incident required evacuation;
(5)
The extent the public safety or fire emergency incident required
an unusual or extraordinary use of the City personnel and equipment;
and
(6)
Whether there was any damage to the environment.
C.
After consideration of the factors in Subsection B immediately above, the City Manager and Fire Chief may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party, regardless of whether a responsible party has other legal liability therefor or is legally at fault.
D.
If the City Manager and Fire Chief determine not to assess all or
a part of assessable costs against a responsible party, such determination
shall not in any way limit or extinguish the liability of the responsible
party to other parties.
E.
The City Council shall, by resolution, adopt a schedule of the costs
included as assessable costs. The schedule shall be available at the
office of the City Clerk for inspection by the public during regular
business hours.
After determining to assess assessable costs against a responsible
party, the City Manager or the Fire Chief shall see that an itemized
invoice is mailed to the responsible party at its last known address.
Such invoice shall be due and payable within 30 days of the date of
mailing, and any amounts unpaid after such date shall bear a late
payment fee equal to 1% per month, or fraction thereof that the amount
due and any previously imposed late payment fee remain unpaid. Any
responsible party who fails to pay the costs assessed pursuant to
this article within 30 days of the date of the statement shall be
considered in default. In the case of a default, the City may authorize
the City Attorney to commence a civil action to recover the costs,
plus the late payment penalty of 1% per month during which the costs
remain unpaid, together with its attorney fees and any other costs
allowed by law. All of the charges imposed pursuant to this Ordinance
shall be collectible through proceedings in District Court, or in
any court of competent jurisdiction, as a matured debt. The City 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.
The City shall be entitled to pursue any other remedy or may
institute any appropriate action or proceeding in a court of competent
jurisdiction as permitted by law to collect assessable costs from
a responsible party.
The recovery of assessable costs pursuant hereto does not limit
the liability of a responsible party under applicable local, state
or federal law.
The foregoing rates and charges shall not be exclusive of the
charges that may be made by the City for the costs and expenses of
maintaining a fire department, but shall only be supplemental thereto.
Charges may be additionally collected and/or continue to be collected
by the City through general taxation as permitted by law 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 as permitted by law.
All amounts collected as a result of this article shall be placed
into a fund as established by the Finance Director to be used exclusively
for personnel, supplies and equipment for the Police and Fire Departments.
