This chapter is adopted for the purpose of providing financial assistance to the Township of New Buffalo (hereinafter referred to as the "Township") in the operation of its Fire Department. The source of financial assistance will be from those receiving direct benefits from the Townships fire protection services. It is the further purpose of this chapter to provide full funding of the Fire Department operation which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the Township from the existence of a Township Fire Department and its availability to extinguish fires within the Township and perform other emergency services.
[HISTORY: Adopted by the Township Board of the Township of New Buffalo 3-18-2002 by Ord. No. 20020318. Amendments noted where applicable.]
A.
Recipients of any of the following services rendered or performed by the Township Fire Department:
(1)
House or structure fire.
(2)
Automobile Fire.
(3)
Truck fire.
(4)
Aircraft fire.
(5)
Unauthorized grass or brush fire.
(6)
Well fill services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Hazardous material cleanup services.
(8)
False alarms.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
Public safety, health and welfare response calls.
B.
Charges for the above services are established from time to time by resolution of the Township Board. Check with the Municipal Ordinance Violations Bureau for the Schedule of Civil Fines and Costs. The Township Board shall establish the fees and costs under this section on the following basis:
[Amended 7-29-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
When adopted by the Township Board, the schedule of charges shall be and are hereby incorporated herein. Said schedule and the exemption from said charges as set forth in § 196-4 hereof may be changed from time to time by resolution of the Township Board and such changes shall not require a formal amendment of this chapter.
All of the foregoing charges shall be due and payable to the Township within 30 days after the date services are billed; and, in default of payment, the charges shall be collectible as provided herein.
The following properties and services shall be exempt from the foregoing charges:
A.
Single incident false alarms.
B.
Fires caused by railroad trains which are the specific statutory responsibility of railroad companies.
C.
Fires involving federal, state, county, Township, village and other governmental real estate and/or property.
D.
Fire services performed outside the jurisdiction of the Township under mutual aid contract with an adjoining unit of government.
The Township Board hereby delegates the authority and responsibility for billing and collecting charges to the Township Clerk's Office and may proceed in the District Court or Circuit Court, if necessary, to collect any monies remaining unpaid and may pursue any and all other remedies provided by law for the collection of said charges. The Township Board reserves the right to waive charges in hardship cases.
The foregoing charges shall not be exclusive of the charges that may be made by the Township for the cost and expense of maintaining a Fire Department, but shall only be supplemental thereto. Additionally, charges may be collected by the Township through general taxation by procedures provided by law or by a special assessment established as provided by law. General fund appropriations may also be made to cover such additional costs and expenses.
When a particular service rendered by the Township Fire Department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited where property protection is involved shall be liable for the payment of the full charge for such services. The interpretation and application of this section is hereby delegated to the Township Fire Chiefs, and their decisions shall be final, subject only to appeal, within the time limits provided herein for payment, to the Township Board and this section of this chapter shall be administered so that the charges shall only be collected from persons and property who benefit from the service.