(a) Definitions.
BOMB THREAT. The verbal or written threat of a bomb or other explosive device which, if discharged as threatened, would violate a federal, , or local .
CITY. The City of Grand Blanc and all of its departments, specifically including its Police and Fire Departments.
COST RECOVERY CHARGES. The non-exhaustive list of fire protection services and other emergency services enumerated in division (b) below.
DEMOLITION OF A STRUCTURE. The tearing down of a structure damaged by fire that must, as determined by the city Fire Chief, be promptly demolished following the fire to protect public safety.
DOWNED POWER LINE OR OTHER NON-HAZMAT PUBLIC UTILITY HAZARD RESPONSE. 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 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.
FALSE ALARM. Any automated or manual device that requests or summons emergency assistance whether such device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The determination that there was no actual need for emergency assistance be made by the City of Grand Blanc Fire Department Chief. A FALSE ALARM shall not be deemed to have occurred if it was caused by an act of God.
LIFT SERVICES. Any request for a lift service, which is conducted by human or mechanical means, that a privately owned and operated ambulance company could have provided.
MOTOR VEHICLE. Any self-propelled or towed vehicle designed or used on the public streets, roads, and highways to transport passengers or which is required to be registered for use upon such public streets, roads, and highways. For the purposes of this section, all trailers and appurtenances attached to any motor vehicle are deemed to be a MOTOR VEHICLE.
RECEIVING A DIRECT BENEFIT. Causing, requesting, or being involved in an accident or incident within the city limits that causes a response by the city to provide fire or other emergency services.
RESPONSIBLE PERSON. 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 city, and the heirs, estates, successors, and assigns of such responsible person(s), subject to any limitations expressly stated in divisions (e) and (f) herein.
THREATS OF HARM TO ONESELF OR OTHERS. Any verbal or written threat of physical harm to oneself or another’s that, if carried out, would be a violation of federal, , or local .
(b) Cost recovery charges. Subject to division (e) of this section, the following is a nonexhaustive
list of fire protection services and other emergency services that, when provided by the city within the city limits, are billable and collectible as “cost recovery charges”. All reasonable costs associated with emergency response will be determined by the city, its designees, officials, Fire Chief and/or Police Chief and will be billed and collectable as a cost recovery charge.
(1) Responding to a downed power line or other non-HAZMAT public utility hazard response.
(2) Responding to a false alarm.
(3) Responding to a request for lift services.
(4) Responding to a bomb threat.
(5) Responding to a threat to harm oneself or others.
(6) Demolition of a structure.
(7) Other emergency rescue service(s).
(8) Other services not specifically listed that are determined by the city Fire Department Chief to be fire protection or other emergency services.
(9) Investigation, issuance, prosecution and enforcement of a criminal charge, misdemeanor or felony, resulting in a conviction whether by plea (including a plea of nolo contender) or trial.
(10) The investigation, issuance, prosecution and enforcement of a civil infraction citation charging a violation of city
resulting in a determination of
, whether by plea or by decision of the court.
(c) Time for payment. The cost recovery charges under this section are due and payable by the responsible person(s) within 30 days from the date on the city’s invoice mailed to the responsible person(s) at his/her/its last known address. If payment is not made within 30 days from the date on the city’s invoice mailed to the responsible person(s) at his/her/its last known address, such cost recovery charges are collectible through proceedings in district court or in any court of competent jurisdiction as a matured debt.
(d) Collection of charges. The city proceed in district court, or any other court of competent jurisdiction, by suit to collect any cost recovery charges remaining unpaid from a responsible person(s), after the time limit for payment provided in division (c) of this section and have any and all other remedies provided by and subject to for the collection of such charges. After the time limit for payment provided in division (c) of this section, unpaid cost recovery charges constitute a lien upon the real of the responsible person(s) in the city from which, upon which, or related to which the cost recovery charges were incurred. The City Treasurer shall, prior to March 1 of each year, certify to the City Assessor the fact that such cost recovery charges are delinquent and unpaid. The City Assessor shall then enter the delinquent amount on the next general ad valorem tax roll as a charge against the affected , and the lien thereon shall be enforced in the same manner as provided and allowed by for delinquent and unpaid real taxes.
(e) Exemptions. The following properties and services are exempt from cost recovery charges under this section:
(1) Responding to a fire involving city buildings, grounds, and/or
.
(2) Responding to a fire or providing other emergency services that are provided and performed outside of the city. Notwithstanding such exemption for services provided outside of the city, the city and other municipalities
adopt (an)
(s) to impose fees for fire and emergency service runs within their respective territories.
(f) When a fire protection activity or other emergency service rendered by the city directly benefits more than one person, each person so benefited is 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 city was at fault for a incident resulting in such service, the other person(s) involved in a incident
not be considered “responsible persons” for the purposes of this section. The interpretation and application of this section is delegated to the city Fire Chief, subject only to written appeal within the time limits for payment in division (c) of this section to the City Council, which written appeal tolls the time limit for payment, and shall be administered so that cost recovery charges shall only be collected from the recipients of the service.
(Ord. 2406-02, passed 7-10-2024)