§ 36.04 LIABILITY FOR EXPENSES OF AN EMERGENCY RESPONSE.
   (A)   Unless specifically exempted from liability, the property owner, occupant, or operator of real or personal property are all individually liable to the township for the expense of an emergency response. The property owner remains liable for reimbursing the township for any cost incurred in response to an incident involving his/her/its property even though the owner has, by agreement, imposed on an occupant or operator the duty to guard against, insure against, or indemnify the property owner from any of the charges, costs, or fees encompassed by this chapter.
   (B)   When a particular response by the 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 jointly and severally liable for the payment of the full fee for such service hereinbefore outlined. The apportionment of costs among and between recipients of emergency services, interpretation, and application of this subsection is hereby delegated to the Township Fire Chief or Public Safety Administrator subject only to the appeal procedures set forth in § 36.06.
   (C)   Traffic accidents, vehicle fires, and medical assistance responses subject to the exemption provided for Montrose Township residents found at § 36.05(D).
   (D)   Second and all subsequent responses to any premises within the township required by unauthorized open burning incidents or by violation of the township’s burning ordinance, as it may be amended.
   (E)   The individual(s) responsible for any intentional false alarm causing a response by the Montrose Township Fire Department as well as third and all subsequent responses to any one building within any 12 month period required by any type of alarm caused by mechanical failure.
   (F)   Releases or threatened releases of hazardous or toxic materials.
   (G)   Downed overhead power, electrical, transmission, telephone, or cable lines.
   (H)   All municipal entities including the County of Genesee and the State of Michigan shall be reviewed on an incident basis for all cost recovery charges; except those services related to releases of hazardous or toxic materials performed within the Montrose Township boundaries shall not be exempt from the reimbursement of charges.
(Ord. 11-194, passed 10-18-2011)