The Town acts pursuant to its village powers authority and fire
administration powers granted under the Wisconsin Statutes, including
§ 60.55(2)(b); § 66.0627; and § 26.14.
This article is enacted to ensure that persons most directly
benefited by provision of emergency services contribute toward their
expense and reduce the burden on the general taxpayer.
The Town Board adopts the following policies with regard to
the type of service rendered:
A. Wild fire. As set forth in Ch. 26, Wis. Stats., the costs of fire
protection for a wild fire shall be charged back to the owner(s) whose
property is directly protected by the fire service. If more than one
property is protected, each shall receive a portion of the total charge
for service, which shall be by equal fraction unless the Fire Department
billing or statement to the Town Clerk specifies more exactly the
protection afforded to each. In the event the wild fire was not intentionally
set by the owner or occupant of any such property, or if the fire
was intentionally started on the land of another by that owner, occupant
or trespasser, such owner being charged will never be billed over
$500. Where not intentionally set under these terms, or set on land
of another where the owner had no control, only labor charges will
be billed.
B. Other fires. The owner of any property served shall pay the entire
cost of labor, including standby firefighters, nonwater material used
in such fire protection and equipment rented or used for the specific
fire being billed, supplied by another department, municipality or
business. If more than one property is protected, each owner shall
be liable for a portion of the total charge for service, which shall
be by equal fraction unless the Fire Department billing or statement
to the Town Clerk specifies more exactly the protection level or costs
afforded to each parcel.
C. Jaws. In the event the JAWS unit is utilized or brought to the scene
for removal from a vehicle or structure, this charge shall be billed
to the owner. This charge is in addition to the fire call billing
limits set forth herein, when both types of services occur.
D. Vehicle fire. Charges for fire protection in response to a vehicle
fire or threat of fire are charged to the vehicle owner who drove
said vehicle or granted permission for another to drive it. Actual
expenses for vehicle, labor and special materials will be billed back
to said owner, along with any towing or disposal charge if the Town
or its contracted department provided such service.
E. Ambulance. Charges lawfully paid by the Town for ambulance service
will be billed back to the party receiving service, to the extent
lawful.
F. Shawano Area Fire Department. Charges billed to and paid for by the
Town for services rendered by the Shawano Area Fire Department related
to rescue or fire services.
G. Rescue not fire related. Charge lawfully billed to the Town and paid
by it for rescue efforts by a law enforcement agency, fire department
or any agent of such an organization other than the Shawano Area Fire
Department. Often such efforts will take place on a navigable body
of water and may involve Town Fire Department personnel and/or equipment
used by the Town or joint department, or in conjunction with law enforcement
efforts.
Where a property has received fire protection services without
full payment of any billing, the balance due shall be placed as a
special charge against the realty. Town bills shall indicate this
procedure will occur if payment is not made. At time of passage, ambulance
services cannot result in a special charge, and JAWS unit or rescue
call charges would only apply if a direct benefit to the real estate
being protected can be shown. The charge shall include interest calculated
to December 15 and any administrative fee approved by the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town will charge at the rate it is billed by a jointly owned
fire department, charged under mutual aid provided by another department,
or where the Town is lawfully billed by a contractor. Actual rates
are set forth in such agreement and shown on billings related to service
provided in response to particular incidents. An administration fee
shall be added in an amount as set from time to time by resolution
of the Town Board, plus actual Town expenses. Fees shall be paid to
the Town of Wescott.
A. Penalties for nonpayment of Shawano Area Fire Department bills. The
owner, occupant or otherwise responsible party to whom such services
were provided must submit payment in full, or contract the Town to
establish a payment plan within 15 days of the date of invoice.
B. If after 15 days from the date of invoice no payment has been made
and the responsible party has not contacted the Town to set up a payment
plan a second bill will be sent via certified mail giving an additional
15 days to pay in full, or contact the Town to establish a payment
plan.
C. If after 15 days from the date the second bill was sent via certified
mail no payment has been made and the responsible party has not contacted
the Town to set up a payment plan, an additional administrative fee
that is proportionate to the Town's cost will be added and the balance
of the bill will be sent to collections and subject to an applicable
interest charge of 1 1/2% per month until paid or, if applicable,
placed as a special charge against the realty serviced.
In the event any portion of this article is found unlawful or
unconstitutional, the remaining portions shall remain in full force
and effect.