Charter Township of Oakland, MI
Oakland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Township Board of the Charter Township of Oakland 7-11-1994 by Ord. No. 64 (Ch. 2, Art. V, Div. 2, of the 2007 Code of Ordinances). Amendments noted where applicable.]
Emergency response cost recovery — See Ch. 190.
Fire prevention — See Ch. 203.
Property maintenance — See Ch. 320.
It is the intent of this chapter to deter false alarms, and to provide for the reimbursement to the Township for the expense of responding to false alarms, and to establish a lien, and for the collection of a civil fee in the event of a failure to pay a civil fee as required under this chapter.
The civil fees required to be paid under this chapter are authorized by Section 6a of Act 33 of the Public Acts of 1951 (MCLA § 41.806a), and other statutes and laws of the state.
The civil fees required under this chapter shall apply in addition to any other civil or criminal law or ordinance.
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:
The activation of any alarm signaling for a response by Township personnel, including police and/or fire, and including contracted personnel, where there is no reasonable basis for believing that a condition exists for which an emergency response from the Fire or Police Department is necessary or appropriate.
Any human being, partnership, corporation, association, or any other entity recognized by the law, and/or any combination thereof, who is the owner and/or the occupant of the premises where the alarm is situated.
A person shall be obligated to pay the civil fees required in this chapter if a false alarm is intentionally activated by such person.
A person shall be obligated to pay the civil fees required in this chapter if a false alarm is activated by such person as a result of mistake, mechanical failure, malfunction, improper installation, lack of prudent maintenance, or negligence of the occupant or the occupant's agents, employees or contractors, with regard to a residence and/or building or portion of a building in which the alarm is activated.
Notwithstanding the provisions of Subsections A and B of this section:
One false alarm caused during any ninety-day period shall not result in an obligation to pay a civil fee under this chapter;
The Township Supervisor shall be authorized to waive the obligation to pay a civil fee under this chapter if reliable written evidence is presented demonstrating all of the following:
The false alarm resulted exclusively from a mechanical malfunction;
A waiver of a civil fee under this chapter has never been granted with respect to the premises in question;
The cause of the mechanical malfunction has been fully and completely repaired, or a new alarm system has been installed; and
It is certified that the alarm system is in good and workable condition, and it is reasonably anticipated that the system will function properly in the foreseeable future.
In the event of the obligation to pay a civil fee under this chapter, a civil fee in the amount of $100 shall be payable within 30 days of the date of the notice of such obligation to the obligated party.
A notice of the obligation to pay a civil fee under this chapter shall be transmitted by regular mail to the person obligated to pay, using the last known address for such person at the premises at which the false alarm occurred. Such address shall be based upon the address on the tax records of the Township for the premises in question.
If a civil fee has not been fully paid within 30 days of the date of the notice, the fee shall be deemed to be delinquent. A penalty of 5% of the unpaid amount of the fee shall be added during the first month or any part of the first month following delinquency, and an additional penalty of 1 1/2% per month shall be added on the unpaid balance thereafter.
A delinquent civil fee under this chapter shall constitute a lien on the property at which the false alarm occurred. On or before September 1 of each year, the delinquent and unpaid civil fee obligations shall be presented by the Township Clerk to the Township board for certification as being delinquent, and upon such certification, the delinquent fees shall be placed upon the general property tax roll of the Township in relation to the respective properties at which the false alarms occurred, and collected with the general Township taxes.