[HISTORY: Adopted by the City Commission of the City of Royal Oak 12-4-2006 by Ord. No. 2006-11. Amendments noted where applicable.]
Reimbursement for hazardous materials and incendiary-type fires — See Ch. 379.
Editor's Note: This ordinance also superseded former Ch. 306, Emergency Response Costs, adopted 4-3-1989 by Ord. No. 89-9.
This chapter shall be known and may be cited as the "2006 Emergency Service Cost Recovery Ordinance."
This is a chapter to provide for the collection of fees for emergency medical, fire and police services pursuant to the Police and Fire Protection Act, MCLA § 41.801 et seq.
As used in this chapter, the words and phrases listed below shall have the following meanings:
- ACTUAL COSTS
- Labor, equipment usage, and materials associated with investigation, removal, repair, abatement, mitigation, monitoring, cleanup and analysis. For purposes of determining actual costs, a schedule of the cost of labor, equipment usage and materials shall be adopted from time to time by the City Commission.
- EMERGENCY RESPONSE
- Any response by the Fire Department, Police Department, Department of Public Services, other City department, or other entity operating at the request of the Fire Department, Police Department, Department of Public Services, or other City department to any call for assistance from any person, property owner, governmental agency, emergency service provider, or other entity. "Emergency response" shall also include the arrest and conviction of an individual for operating while intoxicated, operating while visibly impaired, or any other violation of federal, state or local law, ordinance, or regulation involving the operation of a motor vehicle and the consumption of intoxicating liquor or the use of a controlled substance.
- EXPENSE OF THE EMERGENCY RESPONSE
- The actual costs incurred by the Fire Department, Police Department, Department of Public Services, other City department, or other entity operating at the request of the Fire Department, Police Department, Department of Public Services, or other City department in an emergency response.
- HAZARDOUS MATERIAL
- Any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture, or material listed as hazardous under federal or state law or regulation.
- Any individual, partnership, corporation, limited liability company, or other entity.
Any owner, lessor, lessee, or operator of any property to which there is an emergency response shall be liable for the expense of the emergency response.
Any registered owner, lessor, lessee, or operator of any motor vehicle, the operation of which results in an emergency response, shall be liable for the expense of the emergency response.
Any person who is the subject of an emergency response shall be liable for the expense of the emergency response.
Regardless of any other provision of this section, any person causing a fire, an accident, or the release of any hazardous material giving rise to an emergency response shall be liable for the expense of the emergency response.
Any public or private utility whose activities or facilities necessitated an emergency response shall be liable for the expense of the emergency response.
When an emergency response directly benefits more than one person or property, each person and/or property benefited shall be jointly and severally liable for the payment of the expense of the emergency response. For purposes of an emergency response involving a motor vehicle, occupants other than the operator and the registered owner shall not be liable for the expense of the emergency response. For purposes of any emergency response involving real property, occupants other than the owner, lessor, lessee and operator shall not be liable for the expense of the emergency response.
Any person who causes or controls leakage, spillage or any other dissemination of a hazardous material shall immediately contact the Fire Department to make certain that any cleanup is in compliance with all applicable federal, state and local regulations and guidelines.
Any person who violates this section is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a fine of up to $500, or both, plus the costs of prosecution.
The City shall be entitled to recover any and all of the expense of an emergency response.
The City's Finance Director, or his designee, may within 45 days of receiving an itemized statement of the expenses of an emergency response submit a statement of those charges to any person liable for the expenses of the emergency response or, if known, the person's insurance company. Said statement shall request payment within 45 days.
A person receiving a statement of expenses, or that person's insurance company, may appeal any or all of the amount shown on the statement by filing a written appeal with the City Manager within 30 days of the date of the statement. The appeal must be accompanied by a written explanation as to why the full amount on the statement should not be charged to the person. If the City Manager or his designee determines that the person is not liable for any or all of the expense of the emergency or that payment of the expense of the emergency response will impose an undue hardship, the City Manager or his designee may waive any or all of the expense. The findings and decision of the City Manager or his designee shall be in writing and filed with the Finance Department, with a copy to the person appealing the charge.
If a statement of expenses is not paid in full or appealed within 30 days of the date of the statement, or paid in full within 45 days of the denial of an appeal, the City may exercise any remedy available by law, including the filing of an action in a court of competent jurisdiction.
Any expenses collected pursuant to this Section shall be supplemental to other methods of financing emergency response, including but not limited to general fund appropriations, ad valorem taxation, grants, and other sources permitted by law.
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this chapter takes effect are saved and may be consummated according to the law in force when they are commenced.