(A) Purpose. The village finds that the continuing increases in the cost of providing adequate emergency fire protection and other public safety services to the village has created an urgent need for additional funds to provide these services. Based on this need and pursuant to the authority provided by law, this subchapter is adopted for the purpose of establishing and collecting fees for emergency fire services provided to persons and properties for the sole purpose of being applied to cover the costs of such services.
(1984 Code, § 3-07-04-010)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY FIRE SERVICE. The dispatch, provision, or utilization of firefighting and rescue services by the Village Fire Department to or for a person and/or property.
EXPENSES OF AN EMERGENCY FIRE SERVICE. The direct and reasonable costs incurred by the village, or any person or corporation operating at the request or direction of the Village Fire Department, in performing or providing an emergency fire service, including the salaries and wages of the Village Fire Department personnel in responding to, investigating, supervising, or reporting on or to, an incident that required, or was reported as requiring, emergency fire services.
(1984 Code, § 3-07-04-020)
(C) Liability for expense of an emergency response.
(1) Possession or control. The owner, occupant, operator, and other persons having an interest in the ownership, possession, or control of any premises for which an emergency fire service is necessary and provided, are liable for the expenses of the emergency fire service which may be satisfied by timely payment of the fees established as provided in this subchapter.
(2) Charge against person. The expenses of an emergency fire service shall be a charge against the persons liable and constitutes a debt of those persons, collectible by the village in the same manner as in the case of an obligation on account or account stated as a contract, express or implied.
(3) Fee schedule. The village shall, by resolution, adopt, and from time to time may amend, a schedule of fees to be collected in and as satisfaction of a person’s liability for expenses of emergency fire service. This schedule shall be available to the public from either the Village Clerk-Treasurer or the Village Fire Department.
(4) Billing.
(a) The Village Clerk-Treasurer or his or her designee, upon receiving an itemization of emergency fire services from the Village Fire Department, shall submit a bill based on the fee schedule, together with notice of the actual expenses of the emergency fire services, if known, by first-class mail or personal service to the person liable for the expenses as enumerated under this subchapter.
(b) The bill(s) shall require full payment of fees within 30 days of mailing or personal delivery and shall include a notice that failure to do so may subject the persons to liability for the actual expenses of the emergency fire service.
(5) Failure to pay; procedure to recover costs.
(a) A failure to make full and timely payment of fees shall be considered a violation of this subchapter and default, and subjects the defaulting person to liability for the actual expenses of the emergency fire service.
(b) The village may commence a civil action to recover those expenses and/or fees which are not paid as provided herein and all costs allowed by law.
(1984 Code, § 3-07-04-030) (Ord. 369, passed 10-21-2004)