City of Royal Oak, MI
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2023-10-23
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The Code
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Part II: General Legislation
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Chapter 379 Hazardous Materials and Incendiary-Type Fires
- The Charter
- Ch C Charter
- The Code
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 8 Appearance Tickets
- Ch 12 Appointments to Advisory Boards, Commissions and Committees
- Ch 17 Assessment Review
- Ch 26 (Reserved)
- Ch 33 Civil Service Merit System
- Ch 36 Commission for the Arts
- Ch 39 Committees
- Ch 45 Contracts
- Ch 52 Downtown Development
- Ch 58 Elections
- Ch 63 Emergency Management
- Ch 64 Environmental Advisory Board
- Ch 66 Ethics
- Ch 70 Fire Department
- Ch 76 Funds
- Ch 82 Historic Preservation
- Ch 87 Housing Commission
- Ch 90 Human Rights Commission
- Ch 113 Older Adults Advisory Board
- Ch 115 Parking Citations
- Ch 128 Personnel Policies
- Ch 134 Planning Commission
- Ch 142 Recreation and Public Service Department
- Ch 146 Retirement
- Ch 156 Veterans War Memorial
- Ch 160 Water Authority, Southeastern Oakland County
- Part II: General Legislation
- Ch 180 Alarm Systems
- Ch 188 (Reserved)
- Ch 195 Animals
- Ch 201 (Reserved)
- Ch 213 (Reserved)
- Ch 222 Cable Communications
- Ch 229 Cemetery
- Ch 236 (Reserved)
- Ch 244 (Reserved)
- Ch 251 Civil Emergencies
- Ch 260 Construction Code Enforcement
- Ch 264 Construction Sites
- Ch 267 Conversion Therapy
- Ch 273 (Reserved)
- Ch 278 Disorderly Conduct
- Ch 288 Drugs and Other Dangerous Substances
- Ch 306 Emergency Service Cost Recovery
- Ch 312 Events, Special
- Ch 323 Fences
- Ch 340 Fire Prevention
- Ch 345 Fireworks
- Ch 351 Flood Damage Prevention
- Ch 363 (Reserved)
- Ch 379 Hazardous Materials and Incendiary-Type Fires
- § 379-1 Short title.
- § 379-2 Definitions.
- § 379-3 Duty to remove and clean up dangerous or hazardous material release.
- § 379-4 Failure to remove and clean up; liability for costs.
- § 379-5 Reimbursement for incendiary-type fires.
- § 379-6 Enforcement.
- Ch 388 Horse-Drawn Carriages
- Ch 394 Hotels, Boardinghouses, Bed-And-Breakfasts and Tourist Homes
- Ch 400 Housing
- Ch 402 Human Rights
- Ch 403 Immunodeficiency Virus Testing
- Ch 412 Lands, Abandoned
- Ch 420 Library
- Ch 425 Licensing, General
- Ch 430 Liquor
- Ch 435 Marihuana
- Ch 441 Market, City
- Ch 447 Massage Establishments
- Ch 458 (Reserved)
- Ch 461 Minors
- Ch 463 (Reserved)
- Ch 469 Motor Carrier Safety
- Ch 475 (Reserved)
- Ch 484 Nuisances, Public
- Ch 497 Parking Permits
- Ch 498 Parking, Pull-Off
- Ch 503 Parking Stations
- Ch 507 Parking System
- Ch 515 Parks and Public Recreational Facilities
- Ch 521 Pawnbrokers
- Ch 526 Peddling and Soliciting
- Ch 547 Precious Metals and Gems
- Ch 552 Property, Lost and Unclaimed
- Ch 556 Property Maintenance
- Ch 574 Refrigerators and Ice Boxes, Abandoned
- Ch 580 (Reserved)
- Ch 587 Rodent Control
- Ch 593 (Reserved)
- Ch 600 Sewers and Sewage Disposal
- Ch 607 Signs
- Ch 612 Skateboards, Roller Skates and In-Line Skates
- Ch 619 Smoke Pollution
- Ch 625 Snow Emergencies
- Ch 633 Solid Waste
- Ch 644 Stormwater Detention
- Ch 650 Public Right-Of-Way
- Ch 658 Subdivision Regulations
- Ch 671 Taxation
- Ch 679 (Reserved)
- Ch 684 Tobacco Products
- Ch 692 Trailer Coaches
- Ch 698 (Reserved)
- Ch 703 Transportation Safety
- Ch 710 Trees
- Ch 716 Vehicles, Abandoned and Inoperable
- Ch 720 Vehicles and Traffic
- Ch 727 (Reserved)
- Ch 733 Vehicles Transporting Flammable Liquids
- Ch 740 Wastewater
- Ch 745 Water
- Ch 752 Waterworks
- Ch 757 Weeds
- Ch 770 Zoning
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the City Commission of the City of Royal Oak 4-19-1993
by Ord. No. 93-6. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency response costs — See Ch. 306.
This chapter shall be known and may be cited as "Reimbursement for Hazardous
Materials and Incendiary-Type Fires."
The following definitions apply in this chapter:
Any substance which is spilled, leaked or otherwise released from
its container, which, in the determination of the Fire Chief or his authorized
representative, is dangerous or harmful to the environment or human or animal
life, health or safety, or is obnoxious by reason of odor, or is determined
by the City to constitute a danger or threat to the public health, safety
or welfare and shall include, but not be limited to, such substances as chemicals
and gases, explosives, radioactive materials, petroleum or petroleum products
or gases, poisons, etiologic (biologic) agents, flammables and corrosives.
A fire that was maliciously and willfully set.
It shall be the duty of any person or any other entity which causes
or controls leakage, spillage or any other dissemination of dangerous or hazardous
substances or materials to immediately stabilize the hazardous material release
and remove such and clean up the area in such manner that the area is fully
restored to its condition prior to the dissemination.
Any such person or entity which fails to comply with § 379-3 of this chapter or is unable to do so in a timely manner shall be liable to and shall pay the City of Royal Oak for its costs and expenses, including the costs incurred by the City to any party which it engages to stabilize the release and for the complete abatement, clean up and restoration of the affected area. Costs incurred by the City shall include, but shall not necessarily be limited to, actual labor costs, including fringe benefits, administrative overhead, cost of equipment operation, and materials used in the clean up.
The City of Royal Oak shall be entitled to recover all costs and damages
incurred in conjunction with any incendiary-type fire. The costs shall include,
but are not limited to, those associated with the fire extinguishment and
investigation, including actual labor costs and fringe benefits, administrative
overhead, cost of equipment operation, supplies and materials used in the
operation, and any related third-party costs necessary for the extinguishment
and/or investigation of the incident.
If any person or entity fails to reimburse the City as provided within
30 days of demand by the City, the City shall have a lien for all unpaid costs,
and may enforce such lien in the manner prescribed by the general laws of
the State of Michigan providing for the enforcement of tax liens. The City
shall also have the right to bring an action in the appropriate court to collect
such costs if it deems said action is necessary.
