(A) Fees set by resolution. Periodically, the Township of Orion Fire Department shall evaluate the actual costs incurred in making the emergency responses listed in § 94.53 and determine an average cost during emergency responses for submission to the Township of Orion Board of Trustees. The Township of Orion Board of Trustees shall adopt a cost schedule by resolution.
(B) Motor vehicle-related incidents. Billing for motor vehicle response services shall be submitted by the Orion Township Fire Department to the insurance carrier(s) of all involved vehicles. If payment is not received from the insurance carrier, the fee for service will be forwarded to the individual involved in the accident. If the owner/operator of the motor vehicle is a resident of the Village of Lake Orion, all fees are waived unless the operator of the vehicle was under the influence of alcohol or operating the motor vehicle in a reckless or hazardous manner with disregard for public safety. The full fee for services will be imposed if the nonresident driver was operating the motor vehicle illegally. Illegal operation of the motor vehicle includes, but is not limited to the following:
(1) Operation of a motor vehicle while under the influence of intoxicants or drugs (or a combination thereof).
(2) Operation of a motor vehicle without a valid license.
(3) Operation of a motor vehicle in a reckless or hazardous manner with disregard for public safety.
(4) Operation of a motor vehicle that results in a traffic citation being issued by any law enforcement officer.
(5) Determination that the driver was the "at fault" driver in an accident, as designated by the police department in the accident investigation report.
(C) Necessity of additional fees. Additional fees may apply other than those expressly adopted by resolution if off-duty personnel are re-called or if outside agencies are required. Fees applied for other municipal service providers (Police Department, Department of Public Works, and the like) and for private contractors will reflect actual billing as submitted.
(D) Time of payment for run. All of the charges adopted by resolution shall be due and payable within 30 days from the date the service is rendered, and payment in default shall be collectible through proceedings in the district or circuit court or in any court of competent jurisdiction as a matured debt.
(E) Collection of charges. The Township of Orion may proceed in district court or circuit court by suit to collect any monies remaining unpaid and shall have any and all other remedies provided by law for the collection of said charges.
(F) Exemptions. The following properties and services shall be exempt from the foregoing charges:
(1) Fires caused by railroad trains, which are the specific statutory responsibility of railroad companies.
(2) Fire involving Village of Lake Orion buildings, grounds, and/or property.
(G) Nonexclusive charge. The foregoing rates and charges shall not be exclusive of the charges that may be made by the Township of Orion for the costs and expenses of maintaining a Fire Department but shall only be supplemental thereto.
(H) Multiple property protection. When a particular service rendered by the Township Orion Fire Department directly benefits more than one person or property, the owner of each property so benefitted, and each person so benefitted where property protection is not involved shall be liable for the payment of the full charge for such service hereinbefore outlined. The interpretation and application of the within section is hereby delegated to the Township of Orion Fire Chief or his or her designee subject only to appeal, within the time limits for payment, to the Township of Orion Board and shall be administered so that charges shall only be collected from the recipients of the service.
(I) Appeal.
(1) Any person in receipt of a fee invoice to cover the cost of a fire response may submit a letter of appeal to the Township of Orion Board of Trustees for review. Such appeal letters must be submitted within 14 days of the date of the fee invoice. Such fee may be adjusted and/or waived based upon hardship or other considerations. The following appeal process shall be afforded upon receipt of an appeal letter.
(2) The Township of Orion Board of Trustees shall decide the matter based upon its review of the letter of appeal and any supporting materials. 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 in order 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 fees owed shall be paid within ten days of the date the Township of Orion Board of Trustees forwards the final decision to the recipient of Fire Department services.
(Ord. 22.09, passed 5-23-22)