This chapter is adopted to provide reimbursement to the Township for costs incurred by the Township relative to certain fire and emergency services rendered by the Fire Department of the Township.
[HISTORY: Adopted by the Township Board of the Township of Egelston as Ch. 2, Art. III, Div. 2, of the 2006 Code of Ordinances. Amendments noted where applicable.]
[Amended 11-6-2001 by Res. No. 11062001]
The Township shall render charges to persons or properties served by the Township Fire Department for certain specific services for conditions described as follows:
A.
Any Fire Department response to a fire started by a property owner or person, such as a controlled brush fire or other open burning, which becomes uncontrolled.
B.
Any Fire Department response to any open burning for which the Fire Department has been called to assist by a person or property owner starting or attending to it, whether or not the fire becomes uncontrolled.
C.
Any Fire Department response requiring containment, abatement or any safety measure in connection with a hazardous or toxic material spill or a hazardous or toxic release. Charges in such cases shall be made to the person responsible for the spill, whether or not the spill occurs on the property of the responsible party. The responsibility for a spill includes spills caused by the person as well as any spill from a vehicle, building or their instrumentality, owned, occupied or utilized by the person, regardless of fault.
D.
Any Fire Department response to a traffic or vehicular accident, including but not limited to the control of fires or spills, safety measures, traffic direction, assistance to injured persons or ambulance crews, or extraction of persons from vehicles.
E.
Any Fire Department response including an investigation of a cause of a fire or explosion or hazardous or toxic material spill or hazardous or toxic release.
F.
Any Fire Department response for hazardous conditions.
G.
The cost of copies for Fire Department reports generated for any person, except for governmental entities.
H.
Any Fire Department response to provide medical services.
I.
Any Fire Department response to a vehicle fire whether or not related to an accident.
J.
Any Fire Department response resulting in a false alarm to a property that previously incurred two false alarms in a 12-month period.
[Amended 11-6-2001 by Res. No. 11062001]
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:
Means coming to the scene of a fire or spill, traffic or vehicular accident, or hazardous condition, or chemical release or explosion, or any investigation in connection with a fire, spill, accident, hazardous condition, explosion or chemical release.
Means downed utility lines or gas leaks or any situation that threatens life or property.
Means gathering of evidence or data in connection with arson investigation, or special investigations required to determine the responsibility of persons for fires, spills, accidents or hazardous conditions or chemical release or explosion. Investigations do not include the normal investigation made after a fire necessary for the completion of an ordinary fire or incident report.
Means the uncontrolled deposit on the ground at any location of hazardous or toxic materials which may endanger human or animal health or life, or which may present the danger of property damage. The word "spill" includes the term "discharge."
No charges shall be made against the Township in connection with any responses or investigations. If incidents requiring charges occur on property owned, maintained or used by the Township, charges may be made against persons who may be determined responsible for the incident, excepting Township officers, employees, or volunteers.
[Amended 11-6-2001 by Res. No. 11062001]
Persons responsible for charges shall include:
A.
Persons who caused the condition.
B.
Property owners or occupants of property upon which the conditions exist.
C.
Owners or lessees of instrumentalities involved in the condition, such as vehicle owners, utility or gas companies.
D.
Parties benefited by services such as parties aided in vehicular extrications, rescues, etc.
E.
Insurers or guarantors for persons responsible or benefited.
The Township shall bill persons or corporations determined to be responsible for the incident charged for, or owners of property for, amounts set forth in the resolution determining charges. All bills rendered for charges shall be paid within 30 days of the mailing of the billing.
In cases where services have been rendered to a property or property owner, the charges shall constitute a lien on the said property, including both real and personal property. If not paid within 30 days after the same is due, the Township Treasurer shall, prior to September 1st of each year, certify to the Tax Assessing Officer of the Township the facts of such delinquency, whereupon the Assessor shall enter the delinquent amount on the next general tax roll as a charge against the property, and the liens thereupon shall be enforced in the same manner as provided by law for delinquent and unpaid taxes.
Notwithstanding the foregoing, the Township shall be empowered to initiate proceedings in any court of competent jurisdiction to collect said service costs as a matured debt of the Township.
Charges for Fire Department services enumerated above shall be determined by resolution of the Township Board.
[Amended 11-6-2001 by Res. No. 11062001]
A.
The Township Board is authorized to create and appoint a three-member Fire Charge Review Board. Board members shall serve in alternating positions. The Board will meet as necessary to conduct business under its authority.
B.
The Board shall have power to establish hardship applications and review such applications to make a determination if a hardship does exist. Hardships shall exist under the following reasons:
C.
If a hardship does exist, the Board will have full authority to waive all or a portion of the fire response charge.