[Ord. No. 2003-04, 4-1-2003]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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
incident involving a below ground, collapsed trench, structural collapse,
confined space, high angle or other complex rescue situation or a
terrorist act as defined in this article. The term "assessable costs"
includes, but is not limited to:
The costs of providing police, fire, rescue, and emergency medical
services at the scene of such an incident.
All salaries, wages, and compensation of responding, supervising,
investigating, reporting, and testifying Township personnel for services
rendered in connection with such an incident, its investigation or
any prosecution brought in connection with same.
All salaries, wages, and compensation of responding, supervising,
investigating, reporting, and testifying personnel of any assisting
government agencies acting at the request or direction of the Township
for services rendered in connection with such an incident, its investigation
or any prosecution brought in connection with same.
All costs, expenses, and fees, including actual expert witness
and attorney fees, incurred in connection with the prosecution of
the responsible party.
The replacement cost of all equipment, materials and supplies
lost or rendered beyond reuse or repair as a result of such an incident.
All rental or leasing costs incurred for equipment used in connection
with such an incident.
Any person, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, or other legal entity
whose actions or inactions cause, in whole or in part, an incident
involving a below ground, collapsed trench, structural collapse, confined
space, high angle or other complex rescue situation or terrorist act
as defined in this section.
Conduct utilizing terror, intimidation, violence or the threat
of violence to commit or aid in the commission of an unlawful act
including, but not limited to, hijacking, assassination, and the use
of explosives, biological or chemical agents to endanger persons or
property.
[Ord. No. 2003-04, 4-1-2003]
The Township finds that a significant and continuous potential
exists for incidents involving a below ground, collapsed trench, structural
collapse, confined space, high angle or other complex rescue situation
or a terrorist act that will place a substantial financial and operational
burden upon police, fire fighting, rescue, and emergency medical services.
The Township finds that this article is necessary to fairly allocate
the costs resulting from such incidents among those responsible for
them. The Township further finds that this article is necessary to
establish a policy and set forth the methods by which it may recover
costs incurred in making appropriate responses and providing services
in connection with same, pursuant to state law, including Public Act
33 of 1951, being MCL § 41.801 et seq.
[Ord. No. 2003-04, 4-1-2003]
(a)
The Township may recover all assessable costs relating to an incident
involving a below ground, collapsed trench, structural collapse, confined
space, high angle or other complex rescue situation or a terrorist
act from any or all responsible parties jointly or severally.
(b)
The Township Supervisor, or the Supervisor's designee, shall determine
the total assessable costs and shall, in consultation with other Township
personnel involved in responding to the incident for which cost recovery
may be sought, determine whether to assess all or part of such costs
against any responsible party. The factors considered in making such
a determination include, but are not limited to, the following:
(1)
The total assessable costs.
(2)
The risk the incident presented to the Township, its residents,
and their property.
(3)
Whether the incident resulted in any injury or damage to person
or property, and the extent of such injury or damage.
(4)
The extent to which the incident required an unusual or extraordinary
use of Township personnel and equipment.
(5)
Whether the incident resulted in any damage to the environment
and the extent of such damage.
(6)
Such other factors as the Township deems appropriate.
(c)
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 article.
(d)
A determination not to assess costs pursuant to this article shall
in no way limit, extinguish, or constitute a defense to the liability
of any responsible party to any third party.
[Ord. No. 2003-04, 4-1-2003; Ord. No. 2010-14, 10-26-2010]
(a)
Upon a determination to assess costs made pursuant to this article,
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 late 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, and that 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 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 article and it shall have all remedies provided by law in
connection with the collection of same.
(d)
In addition to any other remedy provided for in this section, or
as otherwise allowed by applicable law, if the assessable costs are
incurred in connection with a specific parcel of property owned or
leased by a responsible party, the Township shall have the right and
power to add all assessable costs to the tax rolls of the specific
parcel of property as a lien, and to levy and collect such assessable
costs in the same manner as provided for the levy and collection of
real property taxes against the property.
[Ord. No. 2003-04, 4-1-2003]
(a)
Any responsible party may appeal a determination and invoice of assessable
costs as provided for in this section. Within seven business days
of the date of mailing the invoice, the responsible party shall deliver,
or cause to be delivered, a written request to meet with the Township
Supervisor or designee. 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)
Within seven business days after receipt of a request satisfying the requirements of subsection (a) of this section, the Township will notify the responsible party of the time, date, and place of a meeting at which that party's objections will be considered by the supervisor or designee. The responsible party's failure to attend this meeting will constitute a waiver of that party's objections to the assessment determination.
(c)
The supervisor or designee may, at the conclusion of the meeting
with the responsible party, or within a reasonable time thereafter,
reduce, increase, set aside, or leave unchanged the determination
of assessable costs. Written notification of the decision made by
the supervisor or designee will be mailed to the responsible party
at the address provided by the responsible party.
[Ord. No. 2003-04, 4-1-2003]
(a)
The decision of the supervisor or designee to reduce, increase, or leave unchanged a determination of assessable costs may be appealed to the Township Board if the responsible party has fully complied with § 18-16, above and files a written request for Township Board review with the Township Clerk not later than seven business days after the date of the written notification of the decision sought to be appealed.
(b)
Upon receipt of a request for Township Board review, the Township
Clerk will place the appeal on the agenda of a regularly scheduled
Township Board meeting which is at least 14 calendar days after the
date the responsible party's request for Township Board review is
received.
(c)
On appeal of a determination of assessable costs to the Township Board the responsible party shall appear before the board in person or through a designated representative; limit objections only to those set forth in the written request as required by § 18-16; and have the burden of proving, by a preponderance of relevant facts, that the determination appealed from is erroneous in whole or in part.
(d)
On appeal of a determination of assessable costs, the Township Board
shall, within a reasonable time, reverse, affirm, or modify the determination
appealed from. The decision of the Township Board shall be final when
made.
(e)
The Township Clerk shall notify the responsible party in writing
of the Township Board's decision on appeal.
[Ord. No. 2003-04, 4-1-2003]
If any section, subsection, clause, paragraph, or provision
of this article shall be adjudged invalid by a court of competent
jurisdiction, such adjudication shall only apply to the portion adjudicated
invalid, and the remainder of this article shall remain in full force
and effect.
[Ord. No. 2003-04, 4-1-2003]
All proceedings pending and all rights and liabilities existing,
acquired, or incurred at the time this article takes effect are hereby
saved, and such proceedings may be continued and concluded under and
according to the ordinances in force at the time such proceedings
are, or were, commenced. This article 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 same. All proceedings instituted after the effective date
of this article for any liabilities arising before the effective date
of this article 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.
[Ord. No. 2003-04, 4-1-2003]
This article shall become effective upon publication after final
adoption.
