(A) Enforcement and penalties. Fire alarm users shall pay the Township of Orion a fee or fine as provided in this section, for each false fire alarm and shall also be held responsible as follows:
(1) First false fire alarm requiring fire response: warning.
(2) Second false fire alarm requiring fire response within the calendar year: assessment of a portion or all of the cost of fire response, as established by resolution.
(3) Third or subsequent false fire alarm requiring fire response, within the calendar year: assessment of a portion or all of the cost of fire response, as established by resolution.
(4) Fourth false fire alarm requiring fire response, within the calendar year shall constitute an excessive number of false fire alarms, which shall constitute a civil infraction punishable by assessment of a portion or all of the cost of fire response, as established by resolution, a fine of up to $500, and mandatory restitution to the township for the cost of fire response. An alarm system signaling more than three false fire alarms within a calendar year of time shall be inspected and modified to be more false alarm resistant. Upon written notice, the owner or fire alarm user of the building, residence or commercial occupation shall have the fire alarm system inspected and modified, at the owner or user's expense, by a licensed alarm system contractor within 14 days of the date of the notice and shall forward to the Fire Department the contractor's report of the probable cause of the false fire alarms and the measures instituted to eliminate same.
(B) Invoicing for false fire alarms. The Township of Orion shall administer the invoicing for assessment of the false fire alarm fees established by this section. The Fire Department shall promptly prepare and deliver to the fire alarm user who is deemed liable under this subchapter for the payment of the cost of the fire response, an invoice by first class mail or personal service. The amount of the invoice shall constitute a debt in favor of the Township of Orion and the obligation of the fire alarm user. The invoice shall also include the following provision: "A person aggrieved by this false fire alarm determination may submit a letter of appeal to the Township of Orion Board of Trustees for review of the determination or penalty being appealed." An alarm user who is liable for the payment of the cost of fire response shall make payment in full to the Township of Orion Treasurer within 30 days of the invoice date.
(C) Appeal. Fire alarm users, commercial occupants, contractors, and/or contractors’ employers aggrieved by receipt of a warning letter for the occurrence of a false fire alarm, or by a false fire alarm determination that results in the imposition of a fee for the cost of fire response, may submit a letter of appeal to the Township of Orion Board of Trustees for review of the determination of a false alarm occurrence. Such appeal letters must be submitted within 14 days of the date of the warning letter or fee invoice. Persons or entities who are cited for a municipal civil infraction may not avail themselves of this appeal provision but may instead defend against the charge in the district court if desired. The fees prescribed by the Township of Orion may not be appealed or modified by appeal; only the actual determination of a false fire alarm occurrence may be appealed pursuant to this section. The following appeal process shall be afforded upon receipt of an appeal letter.
(1) Upon receipt of an appeal letter, the Township of Orion Board of Trustees shall forward a copy of the letter (and supporting documentation provided with the letter, if any) to the Fire Chief for review.
(2) The Fire Chief and/or his or her designee shall independently review the letter and, within 30 days, advise the Township of Orion Board of Trustees in writing whether, after reasonable investigation, the appeal should be granted. In order to recommend that an appeal be granted, the independent review must result in the conclusion that the original false fire alarm determination was clearly erroneous. To reach such a conclusion, irrefutable evidence must support the finding that the occurrence did not fit the definition of "false alarm" as set forth in this subchapter.
(3) The Township of Orion Board of Trustees shall decide the matter based upon their review of the conclusions of the Fire Department, subject to the standards set forth in division (C)(2). The Board's decision shall be rendered in writing no later than 60 days from the date the appeal was received by the township unless the Township Supervisor issues a written notice that the review is subject to circumstances beyond its control that require up to an additional 30 days to complete the review. The Board's decision shall be final, and if the Board makes a finding that the appeal is denied, all outstanding false fire alarm fees owed shall be paid within ten days of the date the Township of Orion Board of Trustees forwards the final decision to the alarm user via first class mail or personal service.
(4) If an appeal is granted, the result shall be that the determination of a false fire alarm shall be overturned, and the fire alarm occurrence shall not be counted with future false fire alarm occurrences for purposes of the progressive penalties in divisions (A)(1) through (3).
(5) If the appeal is denied, the result shall be that the determination of a false fire alarm shall stand, and the false fire alarm occurrence may be counted with future false fire alarm occurrences for purposes of the progressive penalties in divisions (A)(1) through (3).
(D) Payment of invoice. An alarm user who is liable for the payment of the cost fire response shall make payment in full to the Township of Orion Treasurer within 30 days of the invoice date.
(E) Failure to pay invoice. When payment of the Township of Orion's invoice is not timely made, the township may commence a civil action against a person who is liable for the payment of the cost of fire response and who fails to make payment in full to the township as required by this subchapter. The township shall be entitled to recover the expenses, statutory interest, court costs, and reasonable attorney fees incurred for pursuing the civil action.
(Ord. 22.08, passed 5-23-22)