[Ord. No. 2023-07, 12-5-2023]
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 verbal or written threat of a bomb or other explosive
device which, if discharged as threatened, would violate a federal,
state, or local law.
Include the nonexhaustive list of fire protection services and other emergency services enumerated in § 18-32 of this article.
The tearing down of a structure damaged by fire that must,
as determined by the Meridian Township Fire Department Fire Chief,
be promptly demolished following the fire to protect public safety.
Receiving a direct benefit means causing, requesting, or
being involved in an accident or incident within the Township's
jurisdictional limits that causes a response by the Township (i.e.,
dispatching a fire truck or an ambulance) to provide fire or other
emergency services. Receiving a direct benefit shall also include
instances where a medical or care facility (including its employees,
agents, and contractors) causes or requests the Township to provide
nonemergent transportation to one of the facility's patients,
residents, or occupants.
The disabling of any transmission, distribution, or service
line, cable, conduit, pipeline, wire or the like used to provide,
collect, or transport electricity, natural gas, communication or electronic
signals (including, but not limited to, telephone, computer, cable
television, and stereo signals or electronic impulses), water or sanitary
or storm sewage if the owner or party responsible for the maintenance
of such utility line does not respond within one hour to a request
to repair or correct such failure.
Any request for emergency assistance made to a particular
location if emergency assistance has been requested to such location
more than five times in the preceding 30 days.
Any self-propelled or towed vehicle designed or used on the
public streets, roads, and highways to transport passengers or property
which is required to be registered for use upon such public streets,
roads, and highways. For the purposes of this article, all trailers
and appurtenances attached to any motor vehicle are deemed to be a
motor vehicle.
An individual, firm, corporation, association, partnership, entity, consortium, or joint venture responsible for cost recovery charges and receiving a direct benefit from the fire protection services and/or other emergency services provided by the Township, and the heirs, estates, successors, and assigns of such responsible person(s), subject to any limitations expressly stated in § 18-35 (Exemptions) and § 18-37 (Multiple responsible persons) herein.
The Charter Township of Meridian and all of its departments,
specifically including the Meridian Township Fire Department.
[Ord. No. 2023-07, 12-5-2023]
(a)
This article is adopted to enable the Township to bill for and collect
cost recovery charges, as defined herein, from those receiving direct
benefits from Fire Department services and other emergency services
provided by the Township, pursuant to state law, including Public
Act 33 of 1951, being MCL § 41.801 et seq.
(b)
The Township finds that this article is necessary to fairly allocate
the costs of providing Fire Department services and other emergency
services 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.
(c)
It is expressly the purpose of this article to provide for and promote
the safety and welfare of the general public and not to create or
designate any particular class of persons who will or should be specially
protected by its terms.
[Ord. No. 2023-07, 12-5-2023]
Subject to § 18-35 of this article (Exemptions), the following is a nonexhaustive list of fire protection services and other emergency services that, when provided by the Township within the Township's jurisdictional limits, are billable and collectible as cost recovery charges in accordance with the Township's resolution adopting a fee schedule for this article and the fee schedule attached thereto.[1]
(1)
Responding to a multi- or single-motor vehicle accident resulting
in a fire or requiring non-HAZMAT cleanup.
(2)
Responding to a grass, rubbish, motor vehicle, aircraft, train, tree
or forest, multiple-family building, hotel, motel, or other commercial
establishment fire.
(3)
Responding to requests for emergency medical services.
(4)
Responding to requests to provide ambulance services.
(5)
Responding to a downed power line or other non-HAZMAT public utility
hazard response.
(6)
Responding to excessive requests for emergency assistance.
(7)
Responding to a bomb threat.
(8)
Responding to a threat to harm oneself or others.
(9)
Demolition of a structure.
(11)
Other services not specifically listed that are determined by the
Meridian Township Fire Department Chief to be fire protection or other
emergency services.
[1]
Editor's Note: The current fee schedule is on file in
the Township offices.
[Ord. No. 2023-07, 12-5-2023]
The cost recovery charges under this article are due and payable
by the responsible person(s) within 30 days from the date on the Township's
invoice mailed to the last known address of the responsible person(s).
If payment is not received within 30 days, such cost recovery charges
are collectible through proceedings in district court or in any court
of competent jurisdiction as a matured debt.
[Ord. No. 2023-07, 12-5-2023]
Upon the failure of a responsible person(s) to pay the cost recovery charges due within the time limit for payment provided in § 18-33 (Time for payment of cost recovery charges), the Township Treasurer shall have the right and power to add all cost recovery charges to the tax roll of the property of the responsible person(s) in the Township from which, upon which, or related to which the cost recovery charges were incurred and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against such property or premises. In addition, the Township Treasurer may collect any overdue amounts from the responsible person(s) in any other manner permitted by law, including the filing of a collection suit in a court of competent jurisdiction. Any overdue amounts shall bear interest at the rate set forth in the annual schedule of fees.
[Ord. No. 2023-07, 12-5-2023]
The following properties and services are exempt from cost recovery
charges under this article:
(1)
Responding to a fire involving Township buildings, grounds, and/or
property.
(2)
Responding to a fire or providing other emergency services that are
provided and performed outside of the Township. Notwithstanding such
exemption for services provided outside of the Township, the Township
and other municipalities may adopt an ordinance(s) to impose fees
for fire and emergency service runs within their respective territories
under MCL § 41.801 et seq., as amended, and may otherwise
contract for recovery of costs in their respective territories through
measures including, but not limited to, a mutual aid agreement allowing
for cost recovery.
[Ord. No. 2023-07, 12-5-2023]
Cost recovery charges are not the only charges that may be made
by the Township for the costs and expenses of providing fire protection
and other emergency services within the Township's jurisdictional
limits. Additional charges may be collected by the Township through
general taxation after an approving vote of the electorate or by a
special assessment established under the applicable Michigan statute(s).
General fund appropriations may also be made to cover such additional
costs and expenses of providing fire protection and other emergency
services.
[Ord. No. 2023-07, 12-5-2023]
When a particular fire protection or other emergency service
rendered by the Township directly benefits more than one person, each
person so benefited is jointly and severally liable for the payment
of the full charge for such service; provided, however, that if a
court of competent jurisdiction determines that one or more persons
who received fire protection or other emergency service rendered by
the Township was at fault for the incident resulting in such service,
the other person(s) involved in the incident shall not be considered
"responsible persons" for the purposes of this article.
[Ord. No. 2023-07, 12-5-2023]
(a)
Any person who has been billed may appeal the assessment of cost recovery charges to the Meridian Township Fire Department Chief. Such appeal shall be in writing, shall be filed with the Fire Chief within the time limit for payment provided in § 18-33 (Time for payment of cost recovery charges), and shall state every reason why the cost recovery charges should not be paid, supporting such with adequate and verifiable facts. The Fire Chief shall render a decision on the appeal and shall notify the appellant and the Township Treasurer of the decision in writing. The Fire Chief may, in his or her discretion, waive or reduce cost recovery charges, based on the information submitted.
(b)
Any person aggrieved by the decision of the Fire Chief made pursuant to § 18-38(a) may file a written appeal, along with any supporting documentation, with the Township Manager within 30 days after the date of the written decision by the Fire Chief. The Township Manager shall determine whether the decision of the Fire Chief is supported by the documents and information in the file.
(c)
The Township Treasurer shall defer collection of cost recovery charges
while any appeal is pending; provided, however, that any interest
allowed on cost recovery charges shall continue to accrue during the
appeal period.
[Ord. No. 2023-07, 12-5-2023]
This article provides authority to the Township to collect cost
recovery charges for fire and emergency services provided by the Township,
and within the Township, to a responsible person(s). No claim under
this article is for, or relates to, property damage(s). Michigan's
No Fault Act, as amended, MCL § 500.3101 et seq., does not
apply to, conflict with, or preempt this article.
[Ord. No. 2023-07, 12-5-2023]
The collection of cost recovery charges pursuant to this article
does not limit the liability of a responsible person under applicable
local, state, or federal law.
