Township of Putnam, MI Chapter 149 Emergency Response Cost Recovery

[HISTORY: Adopted by the Township Board of the Township of Putnam 4-18-2007 by Ord. No. 40 (Ch. 2A of the 2004 Township Code). Amendments noted where applicable.]

§ 149-1 Short title.

This chapter shall be known as the "Putnam Township Emergency Response Cost Recovery Ordinance."

§ 149-2 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ASSESSABLE COSTS

The reasonable costs incurred by the Township, or by a private person, corporation or other assisting government agency, operating at the request or direction of the Township, in connection with an emergency response. The term "assessable cost" includes, but is not limited to:

A. The costs of providing police, fire, rescue and/or emergency medical services at the scene of an emergency response.

B. All salaries, wages and compensation for responding, supervising, investigating, reporting and testifying Township personnel where such services are required as a result of an emergency response, the investigation of an emergency response or any prosecution brought in connection with said incident.

C. All salaries, wages and compensation for responding, supervising, investigating, reporting and testifying Township personnel of any assisting government agencies acting at the request or direction of the Township where such services are required as a result of an emergency response, the investigation of an emergency response or any prosecution brought in connection with said incident.

D. All costs, expenses and fees, including actual expert witness and attorney fees incurred in connection with the prosecution of the responsible party.

E. The replacement of all disposable materials and supplies used in connection with an emergency response.

F. All rental or leasing costs incurred for equipment used in connection with an emergency response.

G. The actual replacement cost of any equipment lost or rendered beyond reuse or repair during an emergency response.

EMERGENCY RESPONSE

The providing, sending and/or utilizing of police, firefighting and/or medical and rescue services by the Township or by a private entity, corporation or other assisting government agency operating at the request or direction of the Township or the State of Michigan, to an incident of serious threat to human life, public safety and welfare, real or personal property involving public utilities.

PUBLIC UTILITY

Any agency, entity, business, corporation, industry, municipal department, board, commission or service duly authorized to furnish and which furnishes gas, steam, electricity, sewage, disposal, water, communication or transportation to the public, under federal, state or municipal regulation.

RESPONSE RESOURCES

Equipment, supplies, vehicles and trained personnel that may be utilized to provide emergency response services or mitigation in connection with an emergency response.

RESPONSIBLE PARTY

Any public utility or those acting in concert with or on behalf of a public utility, its agents or assigns, consortium, joint venture, government entity, other legal entity, any owner, tenant, occupant or party in control of real or personal property, whose actions or inactions causes or contributes to an occurrence resulting in an emergency response and the heirs, estate, successors and assigns of such owners, tenants, occupants and/or parties.

§ 149-3 Findings and purpose.

The Township finds that a significant and continuous potential exists for an emergency response involving a public utility incident that will place a substantial financial and operations burden upon police, firefighting, rescue and emergency medical services. The Township finds this chapter is necessary to fairly allocate and recover the assessable costs resulting from such incidents. The Township further finds that this chapter is necessary to establish a policy and set forth the methods by which it may recover assessable costs incurred in making such emergency responses.

§ 149-4 Liability for emergency response.

A. The Township may recover all assessable costs relating to an emergency response from any and all responsible parties jointly and severally.

B. Properties and services exempt from the foregoing assessable costs are emergency fire responses involving municipal school district or state-owned buildings, grounds or property and emergency fire and other response resources expended outside the territorial limits of the Township addresses under a mutual aid contract/agreement with another municipality and false alarms.

C. The Township supervisor or designee shall calculate the total assessable costs in consultation with other Township personnel and agencies involved in responding to the emergency response for which cost recovery may be sought. The factors considered in making such a determination include, but are not limited to, the following:

(1) The total assessable cost.

(2) The risk the emergency response imposed on the Township, its residents and their property.

(3) Whether there was an injury or damage to person or property and the extent of such injury or damage.

(4) The extent to which the emergency response required an unusual or extraordinary use of Township personnel and equipment.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Whether there was any damage done to the environment and the extent of such damage.

(6) Such other factors as the Township deems appropriate.

D. Assessable costs may be allocated among and between responsible parties, including allocating all or some assessable costs jointly and severally against more than one responsible party, regardless of whether a responsible party has liability for those costs in addition to that imposed by this chapter.

E. A determination not to assess costs pursuant to this chapter shall in no way limit, extinguish or constitute a defense to the liability of any responsible party to any third party.

§ 149-5 Billing and collection of assessable costs and late payment fees.

A. Upon a determination to assess costs made pursuant to this chapter, the Township shall submit an itemized invoice, by first-class mail or personal service, to each responsible party. Invoices for assessable costs will be due and payable within 30 days of the date of mailing. Thereafter, a later payment fee equal to 1% per month of the unpaid balance shall be assessed, added to the total unpaid balance and collected in the same manner as assessable costs.

B. If a responsible party appeals an assessment of costs to the Township Board and the assessment is upheld in whole or in part, the costs upheld shall be due and payable within 30 days from the date of determination of the appeal and the late payment fees shall thereafter apply as provided in Subsection A of this section.

C. The Township may proceed by action in any court of competent jurisdiction to collect any assessable costs due and owing under the provisions of this chapter and it shall have all remedies provided by law in connection with the collection of the same.

§ 149-6 Appeals of assessable costs.

A. Any responsible party may appeal a determination and invoice of assessable costs. Within 14 calendar days of the date of the invoice, the responsible party shall deliver or cause to be delivered a written request to the Township Clerk to meet with the Township Board. This request must include the current address and telephone number of the responsible party and specify all objections to the assessment determination. Any reason, basis or argument challenging that determination which is not set forth in the request shall be deemed waived by the responsible party.

B. The Township Clerk shall place the appeal request on the agenda of a regularly scheduled Board meeting at which that party's objections will be considered. The responsible party's failure to attend this meeting will constitute a waiver of that party's objections to the assessment determination.

C. The Board may reduce, increase, set aside or leave unchanged the determination of assessable costs. Written notification of the decision made by the Board will be mailed to the responsible party at the address provided by the responsible party.

§ 149-7 Effect on pending proceedings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this chapter takes effect are hereby saved and such proceedings may be continued and concluded under and according to the ordinances in force at the time that such proceedings are or were commenced. This chapter shall not be construed to alter, affect or abate any pending proceeding or prevent proceedings hereafter instituted under any ordinance in existence prior to the effective date of the same. All proceedings instituted after the effective date of this chapter may be continued or instituted under and in accordance with the provisions of any ordinance in force at the time of the event giving rise to liability.