The following persons or entities shall be jointly and severally liable for the cost of an emergency response:
(A) The owner, lessor, and/or operator of any commercial, business, office, retail, manufacturing, or other non-residential property, or any property within or outside of the city, to which there is an emergency response, or any residential property within the city to which there is an emergency response necessitated by unlawful activity caused by or within the control of the owner, lessor, and/or occupant of the property.
(B) Any person or vehicle owner/lessee who owns, leases and/or operates a motor vehicle, other transporter, or equipment of any kind, the operation of which results in an emergency response, shall be presumed liable for the costs of the emergency response.
(C) Any person owning, maintaining, or operating a railroad shall be presumed liable for the cost of the emergency response in the event of an emergency incident involving the railroad.
(D) In the event of a utility emergency, the public utility whose activities or facilities (including but not limited to, electric lines, telephone lines, cable lines and pipelines) necessitated the emergency response shall be liable for the costs of the emergency response.
(E) If more than one person is liable for the expense of an emergency response under the foregoing provisions, all such persons shall be jointly and severally liable for the cost of the emergency response.
(F) In the event of an emergency incident that involves a hazardous substances incident, to the extent the Michigan Natural Resources and Environmental Protection Act (being M.C.L. § 324.20101, et seq.) or any other law preempts the cost recovery provisions of this section, the liability for and recovery of costs of the emergency response shall be governed by the Michigan Natural Resources and Environmental Protection Act or such other law, and the city may pursue collection of such costs of the emergency response in a civil action, pursuant to said laws.
(G) Any other person who is found responsible for costs under this section whose actions are a cause of an emergency incident giving rise to a need for any emergency response, shall be liable for the costs of the emergency response for which costs are imposed under this section.
(H) This section shall not apply to residents of the city, unless the resident or residents are convicted of a misdemeanor in connection with any actions or inactions which are determined to be the proximate cause of the emergency response situation. Residency shall be determined by the address on the individual's valid driver's license or state identification card at the time of the incident.
(Ord. 2011-1, passed 2-8-2011; Am. Ord. 2016-02, passed 7-12-2016)