GENERAL PROVISIONS

§ 33.001 RECOVERY OF FEES FOR FIRE EMERGENCY SERVICES.

   (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)

SPECIAL ASSESSMENTS

§ 33.015 SHORT TITLE.

   This subchapter shall be known and may be cited as the “Special Assessment Ordinance” of the Village of Holly, Michigan.

(1984 Code, § 1-05-010.1) (Ord. 41, passed 3-21-1974)

§ 33.016 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COST. When referring to the cost of any local public improvement, shall include the costs of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction, legal fees, interest on special assessment bonds not to exceed one year, and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof.

   LOCAL PUBLIC IMPROVEMENT. Any public improvement which is of such a nature as to benefit especially any real property or properties within a district in the vicinity of such improvement and shall include new construction, repairs, resurfacing, and similar improvements.

   TREASURER-CLERK or CLERK. The Village Clerk-Treasurer.

(1984 Code, § 1-05-010.2) (Ord. 41, passed 3-21-1974; Ord. 143, passed 7-24-1984)

§ 33.017 AUTHORITY TO ASSESS.

   The whole cost or any part thereof of any local public improvement may be defrayed by special assessment upon the lands specially benefitted by the improvement in the manner hereinafter provided.

(1984 Code, § 1-05-020) (Ord. 41, passed 3-21-1974)

§ 33.018 INITIATION BY PETITION.

   Local public improvements may be initiated by petition signed by property owners whose aggregate property in the proposed district was assessed for not less than 51% of the total assessed value of the privately-owned real property located therein, all shown by the last preceding general tax records of the village. Such petition shall contain a brief description of the property owned by the respective signatories thereof and if it shall appear that the petition is signed by at least 51%, as aforesaid, the Clerk-Treasurer shall certify same to the Council. The petition shall be addressed to the Council and filed with the Clerk-Treasurer and shall in no event be considered directory, but is advisory only.

(1984 Code, § 1-05-030) (Ord. 41, passed 3-21-1974)

§ 33.019 INITIATION BY PROJECT.

   (A)   Proceedings for making public improvements and defraying the entire cost or any part thereof by special assessment may be initiated by resolution of the Council. Whenever the Council shall determine to make any public improvement and defray the entire cost and expense thereof or any part thereof by special assessment, the Council shall cause the engineer for the village to make an investigation of the proposed public improvement and report his or her findings to the Council.

   (B)   Said report shall include an analysis of the following:

      (1)   The estimated cost of the proposed public improvement; and

      (2)   Plans and specifications for the public improvement.

   (C)   There shall also be included recommendations as to the following:

      (1)   The portion of the cost to be borne by the special assessment district and the portion, if any, to be borne by the village at large;

      (2)   The extent of the improvement and boundaries of the district;

      (3)   The number of installments in which assessments may be paid; and

      (4)   Any other facts or recommendations which will aid the Council in determining whether the improvement shall be made and how the same shall be financed.

(1984 Code, § 1-05-040) (Ord. 41, passed 3-21-1974)