(A) Purpose. In order to protect the city from extraordinary expenses resulting from the use of city resources in response to certain incidents involving the use of emergency resources of the city, this article authorizes the imposition of charges to recover where there is a cost incurred in responding to incidents. Authority for the enactment of these provisions is set forth in the Police and Fire Protection Act, M.C.L.A. §§ 41.801 et seq.
(B) Definitions. The following terms, phrases, words and their definitions shall have the meaning set forth unless the context otherwise requires:
BOMB THREAT.
the verbal or written threat of a bomb or other explosive device, which if discharged as threatened, would violate federal, state or local law.
EMERGENCY SERVICE.
A response by police, fire or public works department, or other responders on behalf of the city to an emergency incident, or to a call for assistance.
EMERGENCY SERVICE FEE.
The cost incurred by the city as a result of providing emergency services including police, fire, or other support services to a person within the city including but not limited to the following:
(a) Officer expenses incurred by the police department, fire department, public services department, or other public officials, or bodies, third parties engaged by the city in responding to the incident. Costs and expenses shall include cost of equipment, operations, personnel, materials used, and all other expenses, including but not limited to employee wages, fringe benefits, administrative overhead, and costs of equipment, including depreciation.
(b) Other costs and expenses incurred by the city in providing the emergency service or attempting to collect a fee including legal and engineering fees, litigation costs and expenses, supplies used directly or indirectly in the incident.
(c) Costs incurred in accounting for emergency services including billing and collection costs.
(d) Costs associated with deployment, including costs associated with dispatch and return of emergency resources.
FALSE ALARM.
Any automated or manual device designed to request or summon emergency assistance which device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The most senior person responding to a
FALSE ALARM
shall make the determination that there was no actual need for emergency assistance. A
FALSE ALARM
shall not be deemed to have occurred if: 1) caused by an act of God [i.e., a lightning storm, power failure, and the like]; 2) it originates from a motor vehicle alarm system; or 3) has not occurred more frequently than three times in 30 days or five times in 12 months.
NONRESIDENT.
A person or entity that does not have a primary residence in the City of Marine City, own real property in the City of Marine City, or have a principal office or place of business within the city.
RESPONSIBLE PARTY.
Any individual, firm, corporation, limited liability company, or any other legal entity responsible in whole or in part for causing the need for emergency service, or any person receiving emergency services, or any owner, tenant, occupant, or party in control of real and personal property from which, onto which, or related to which, there is an emergency response incident and service provided. All the foregoing parties are jointly and severally responsible. The city may proceed against any or all such persons, or entities.
(C) Liability for emergency service fee. Emergency service fees shall be assessed against any responsible party or parties when the City of Marine City has deployed any emergency resources under this ordinance. If more than one party is responsible for causing the expense of an emergency response under this ordinance, all such parties shall be jointly and severally liable for the cost of the emergency response under the following circumstances:
(1) Emergency services provided for any accident, or fire involving, or related to any motor vehicle, trailer, aircraft, boat, snow mobile, water craft, or other vehicles owned or operated by a nonresident of the city.
(2) Emergency response to any fire which could be set with a permit, but for which a permit was not obtained.
(3) Emergency response to any fire which could be set with a permit, but which becomes uncontrolled regardless of whether a permit was obtained.
(4) Emergency response provided to any nonresident of the city within the areas of the city opened to the public, such as parks, roads, highways and places of business.
(5) Emergency response to an illegal fire under federal, state or local law. Charges under this subsection are payable by the responsible party causing in whole, or in part, or responsible in whole, or in part for such illegal fire.
(6) Emergency response to an activity, event, or incident in violation of federal, state, or local laws involving the illegal use of fireworks, or malicious destruction of property.
(7) Emergency response to an activity, event, or incident involving threats of harm to oneself, or another, or another's property which if carried out, would be a violation of federal, state, or local law.
(8) Utility line failure involving disabling of any transmission or service line, cable, conduit, pipeline, wire, or the like used to provide, collect, or transport electricity, natural gas, water, sewer, communication, or electronic signals (including, but not limited to, telephone, computer, cable, television, or other electronic impulses, if the owner, or party responsible for the maintenance of such utility line does not respond, employing personnel to the scene within one hour of a request to repair, or correct such failure.) Time limitations for response shall be extended to two hours in the event of weather-related emergencies.
(9) Any emergency service response to a particular location, if an emergency response has occurred at such particular location in excess of three times within 30 days or five times within 12 months.
(10) Emergency response to any occurrence, incident, activity, or emergency where a release of hazardous materials occurs or is reasonably imminent and where the fire chief or his designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
(11) To the extent the Michigan Natural Resources and Environmental Protection Act (M.C.L.A. §§ 324.20101 et seq.) or any other law preempts the cost recovery provisions of this ordinance, the liability for and recovery of costs for 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 the laws.
(D) Invoice for emergency services.
(1) The city administration upon recommendation by the police, fire or public works department, shall prepare an invoice for emergency services pursuant to the fees as defined in the fee schedule, which shall be delivered by first class mail to any person, or persons responsible for the emergency service fee and may recover all assessable costs in connection with such emergency response. In making such a determination for total assessable costs, the city administration shall consider the following:
(a) The total assessable costs.
(b) The risk the public safety or emergency situation imposed upon the city, its residents, and their property.
(c) Whether there was any injury or damage to person or property.
(d) Whether an evacuation was required.
(e) If the emergency response required an unusual or extraordinary use of city personnel, equipment, or resources.
(f) Whether there was any damage to the environment as a result of the situation.
(2) The invoice is due and payable within 30 days of the date of mailing, or delivery. Overdue unpaid amounts shall incur interest at the rate of 12% per annum simple interest. The notice shall generally identify the location of the emergency service response and provide a brief summary of the incident.
(E) Fee schedule. The City Commission from time to time may adopt and amend a schedule of costs as assessable costs which shall be available at the municipal offices for inspection by the public during regular business hours which may set forth charges established on an hour, or fractional hour basis for apparatus equipment and personnel. Actual additional costs incurred shall be chargeable, notwithstanding that the same were not expressly provided in such fee schedule.
(F) Appeal. Any person determined to be responsible for an emergency service fee may appeal that determination by filing a written statement of appeal to the City Manager setting for the reasons for the appeal, shall be filed within 21 days following the mailing of any invoice, or if not mailed, the date of delivery by other means. The appeal stays payment until a final determination by the City Manager. The party appealing may present information and evidence. The City Manager shall make a final determination on any appeal within 14 days of the filing of any appeal. The determination shall be in writing.
(G) Other remedies. The city shall be entitled to pursue any other remedy, or may institute appropriate action or proceedings in a court of competent jurisdiction to collect successful costs from a responsible party.
(H) No limitation of liability. The recovery of accessible cost pursuant hereto does not limit the liability of a responsible party under applicable local, state or federal law to the city, or to any other person, or entity.
(I) Assessable costs, lien upon property. Assessable costs when not paid, including late payment and interest shall constitute a lien upon real property which shall be payable and collectible in the same manner as real property taxes, including interest and penalties thereto as a cumulative remedy.
(Ord. 10-06, passed 12-16-2010; Am. Ord. 14-02, passed 6-5-2014)