[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 2-14-2000 by Ord. No. 281. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as "Emergency Technical Rescue."
For purposes of this chapter, the following
terms, phrases, words and their derivatives shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future tense, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The providing, sending or utilizing of police, fire fighting,
emergency medical or rescue, or public works services by the Township
of Grosse Ile, or by a private person or governmental agency operating
at the request or direction of the Township, to an emergency technical
rescue.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any rescue which may become injurious to the public health,
safety, or welfare, or to persons, and shall include, but not be limited
to, confined space, trench rescue, dive rescue or water and ice rescue,
and any HAZMAT operations.
Any person who accidentally, negligently or
intentionally causes or is responsible for an emergency technical
rescue affecting persons or property within the Township of Grosse
Ile shall be responsible for the immediate and complete costs of returning
affected property to its condition before the technical rescue, if
necessary, and for any and all costs of the emergency response to
such technical rescue.
The costs of the emergency response and the
removal and cleanup of a technical rescue or threatened rescue shall
include, but not be limited to, the actual costs incurred by the Township,
or a private person or governmental agency operating at the request
or direction of the Township, when responding to the technical rescue
or threatened rescue, including the costs of providing police, fire
fighting, emergency medical and rescue, and public works services
unrelated to the normal provision of such services. These costs shall
include actual labor costs of Township personnel, including workers'
compensation benefits, fringe benefits, administrative overhead, costs
of equipment operation, costs of materials obtained directly by the
Township and costs of any contract labor and materials.
The costs of the emergency technical rescue
or threatened rescue shall be a charge against the person liable for
the costs under this chapter. The Township shall have the right to
initiate proceedings in any court as a matured debt of the Township.
[Amended 7-22-2002]
The Township of Grosse Ile Board shall from
time to time, by resolution, adopt a schedule of the costs included
within the expense of a response to an emergency technical rescue
or threatened rescue. This schedule shall be available to the public
at the Township office.
[Added 7-22-2002]
Employees of the Township are to include but
not be limited to police officers, Fire Department personnel, Department
of Public Works employees, airport employees, and reserve police personnel.
[Added 7-22-2002]
Any emergency equipment destroyed or declared
unsafe for use as a direct result of the technical rescue or threatened
rescue will be replaced with the same or better equipment by person(s)
responsible for the rescue within 30 days of the incident.
The Township may, within 10 days of receiving
itemized costs, or any part thereof, incurred for an emergency technical
rescue or threatened rescue, submit a bill for the costs by first
class mail or personal service to the person liable for the costs
under this chapter, at the person's last known address, demanding
payment of the amount due. The bill shall require full payment within
30 days from the date of service.
If the person fails to pay the bill within 30
days of service and the person is the owner of the affected property,
the Township may add such costs to the tax roll as to such property,
and may levy and collect such costs in the same manner as provided
for the levy and collection of real property taxes against the property.
The Township may also bring action in the appropriate court to collect
such costs if it deems such action to be necessary.
It is the legislative intent of the Township
Board in adopting this chapter that all provisions hereby shall be
liberally construed to protect the public health, safety, and general
welfare of the inhabitants of the Township and other persons affected
by this chapter, and consequently, should any provision of this chapter
be held to be unconstitutional, invalid, or of no effect, such holding
shall not be construed as affecting the validity of any of the remaining
provisions of this chapter, it being the intent of the Township Board
that this chapter shall stand and remain in effect, notwithstanding
the invalidity of any provision hereof.
