(a) Purpose. this section is adopted for the purpose of establishing a method of recovering costs and expenses for certain services provided by the New Lexington Fire Department which result from the utilization of New Lexington Fire Department resources in response to certain public safety, fire, or emergency incidents or conditions. This section is authorized by Ohio Law, including but not limited to Ohio Revised Code 505.84. Also, it is intent of the New Lexington Fire Department to encourage mutual aid between the municipalities that is providing assistance for any situation covered by this section.
(b) Definitions.
(1) For the purpose of this section, the following words, terms or phrases shall have the meanings as contained in this subsection, except where the context clearly indicates a different meaning:
A. ASSESSABLE COSTS. The costs for services incurred y the New Lexington Fire Department in connection with a response to a public safety, fire, or emergency incident or condition, but not limited to, the actual labor and material costs of the Township (including without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, cost of materials, costs of transportation, costs of material disposal and costs of contracted labor), whether or not the services are provided by the New Lexington Fire Department or by a third party on behalf of the Fire Department; service charges and interest; and attorney’s fees and litigation costs incurred by the New Lexington Fire Department related to the collection of assessable costs; provided, however, the New Lexington Fire Department shall not be reimbursed under this Ordinance more than once for any expense incurred by the Fire Department.
B. COST RECOVERY SCHEDULE. Periodically, the Village of New Lexington shall adopt, by resolution, a schedule of costs incurred in providing Emergency Services related to an Emergency Incident. It shall be presumed that the costs listed in the schedule are reasonable costs incurred by the New Lexington Fire Department in responding to such Emergency Incident. This schedule shall be made available to the public during regular Village business hours.
C. EMERGENCY INCIDENT. Any situation or condition where Emergency Services are needed or requested.
D. EMERGENCY SERVICES. Services by the New Lexington Fire Department or another a public entity, which is acting outside the Village of New Lexington or areas covered by the New Lexington Fire Departments jurisdiction, for the primary purpose of taking timely action to deal with event threatening health, safety, and security. Emergency Services include, but are not limited to, fire, EMS, and law enforcement agencies and cover prevention, preparedness, response, and recovery services or actions, including services or actions related to a hazardous material incident.
E. EMS. This means Emergency Medical Service and includes providing immediate response, care, treatment, and/or transport of sick or injured persons.
F. FALSE ALARM. A request for emergency assistance when there is no actual need or such assistance. Such request may be in any form and includes a request by telephone or any other method, including the activation of any automated or manual device designed to request or summon emergency assistance. The determination that there was no actual need for emergency assistance shall be made by the most senior person responding to the request.
G. HAZARDOUS MATERIALS INCIDENT. Any occurrent, incident, activity, or accident where a release of hazardous materials occurs or is reasonably imminent. A release shall be any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, dumping, or disposing of a hazardous substance or material into the environment, including, but not limited to, the air, soil, groundwater and surface water.
H. ILLEGAL FIRE. A fire intentionally or negligently set that is proximately causes because of a violation of a federal, state, or local law, including, without limitation, an arson fire and a fire set in violation of a burning ban, order, or ordinance. An illegal fire does not include a fire caused by act of nature.
I. RESPONSIBLE PARTY. A responsible party is any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or other legal entity that (1) receives Emergency Services or whose employee or agent receives Emergency Services; (2) is contractually required to indemnify a person or legal entity for charges related to Emergency Services, such as an insurance company; (3) 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 Incident and their heirs, estates, successors and assigns and (4) any owner, tenant occupant or party in control of real and personal property that benefits from Emergency Services and their heirs, estates, successors and assigns. In circumstances where the Department provides emergency medical care and/or transport, the direct recipient of the services will constitute the responsible party. In the case of emergency medical care and/or transport being provided to a minor, the responsible party shall be the parents or guardian of the minor. As used above, a responsible party shall be deemed to “receive” Emergency Services even when those Emergency Services are not directly rendered to the responsible party, but are rendered in relation to the responsible party. An example would be the rendering of Emergency Services in relation to a hazardous materials incident.
J. STANDBY. Personnel and/or resources made available and dedicated to a specific event for the purpose of providing emergency service response or other agreed upon assistance. This does not include Department resources assigned to cover emergency responses within another jurisdiction under an established mutual aid agreement.
K. UTILITY LINE FAILURE. The disabling of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect or transport water, sanitary sewage, storm sewage, electricity, natural gas, communication or electronic signaling (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses) where the failure presents a threat to public health or safety.
(c) Cost Recovery.
(1) The New Lexington Fire Department may recover all assessable costs in connection with Emergency Services rendered by Township from any or all responsible parties jointly or severally. In addition to the examples provided in Section 1, Emergency Services include, by way of example and not limitation, specific responses or conditions as described below:
A. Any Department response to a fire, whether ignited accidentally or intentionally, and includes but is not necessarily limited to the following:
• Department containment and/or suppression of the fire in part or whole.
• Stabilization of the incident by Department resources.
• Activities resulting in damage or destruction of Department equipment beyond normal wear and tear.
B. Any Department response to an incident caused by a criminal act; i.e., DUI, intentionally false alarm, arson, etc.
C. Any Department response requiring containment, abatements or any safety measure in connection with any hazardous or toxic material release. Charges in such case shall be made to the person responsible for the release, whether or not the release occurs on the property of the responsible party. The responsibility for the release includes releases caused by the person as well as any release from any vehicle, building, or other instrumentality, owned,, occupied or utilized by the person, regardless of fault.
D. Any Department response to a vehicle accident to traffic incident, including but not limited to the control of fires, spills, debris clean up, assistance to injured persons or ambulance crews, or the extrication of vehicle occupants using specialized tools or techniques.
E. Any Department response for a hazardous materials incident or other hazardous condition requiring Department oversight and deployment of personnel and/or equipment to maintain public health and safety.
F. Any Department response to a false alarm due to system malfunction or maintenance issue in excess of three (3) alarms in any consecutive twelve (12) month period.
G. The provision of Department equipment or personnel for the purpose of providing standby fire, rescue, or emergency medical services necessary to support a nonemergency event/situation hosted by a for-profit organization. The Village Council of New Lexington may reduce or waive any charges for such services.
H. The providing of medical care and/or transport by the Department to a medical care facility.
I. Any Department response for a specialized rescue, disentanglement, or body recovery requiring Department oversight and/or deployment of Department personnel or equipment and the use of specialized tools, apparatus, or techniques for handling the specific incident. This includes high and low angel environments, confined spaces, below grade or trench incidents, heavy equipment or machinery, outside searches lasting longer than one (1) hour, ice or water rescue or recovery, and structural collapse.
A schedule of charges, to be known as the Cost Recovery Schedule, shall be established by resolution of the Village of New Lexington.
(d) Exemptions.
(1) The following properties and services are exempt form the charges authorized by this ordinance.
A. False alarms due to system malfunction or maintenance issue not exceeding three (3) alarms in any consecutive twelve (12) month period.
B. Fires caused by railroad trains, which are the statutory responsibility of railroad companies.
C. Fire involving any buildings, grounds and/or property inside the jurisdiction of the New Lexington Fire Department.
(e) Determination and Authorization.
(1) The New Lexington Fire Chief or Assistant Chief or authorized agent acting on behalf of the New Lexington Fire Department, such as a third party billing agency, shall determine the total assessable costs and shall, in consultation with other Fire Department personnel or agents involved in the services, determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered: the extent to which the personnel and equipment of the jurisdiction of the New Lexington Fire Department or other assisting public entities were involved, including active and standby status; the extent to which an act or omission of a responsible party was a proximate cause for the need for Emergency Services; and the ability fo a responsible party to pay the total assessable costs.
(2) In determining the assessable costs against a party, the New Lexington Fire Chief or Assistant Chief, designee, or other authorized agent may rely on a report of services and the actual expenses incurred as prepared by Department personnel and/or agents involved in responding to the incident and the amounts as set forth in the Cost Recovery Schedule.
(3) Assessable costs may be allocated among and between responsible parties, including allocating all or some of such costs, jointly and severally, against more than one responsible party.
(4) If a determination is made not to assess all or part of assessable costs against a responsible party, such determination shall not in any way limit or alter any liability a responsible party may have to other responsible parties.
(f) Billing and Collection of Assessable Cost.
(1) The Township Treasurer, designee, authorized agent or contracted billing service shall prepare and mail an itemized invoice to each responsible party at his, her or its last known address, or to an appropriate insurance company or authorized agent acting on behalf of a responsible party or an insurer of a responsible party. The invoice shall demand full payment within thirty (30) days of billing. Any amount due that remains unpaid thirty (30) days after the date of billing shall have imposed a late charge thereon at the rate of one percent (1%) per month, or fraction thereof, until paid in full.
(2) The invoice shall be served on a responsible party by first class mail, registered mail or personal service. A responsible party shall be deemed served by first class mail on the date of mailing, by registered mail on the date of mailing or by personal service on the date of actual service on the responsible party.
(3) The invoice shall advise the responsible party of the right to appeal and the time limits for doing so as provided in subsection (g) hereof. If a responsible party shall appeal assessable costs pursuant to subsection (g) hereof, such costs, if upheld, in whole or in part, shall be due and payable thirty (30) days from the date of determination of the appeal and any late payment fees shall apply thereafter.
(4) Any additional expense that becomes known following the transmittal of the invoice to the responsible party shall be billed in the same manner on a subsequent invoice to the responsible party.
(5) Any failure by a responsible party to pay an invoice within the time limits provided in this section shall be considered a default in payment, in which case the New Lexington Fire Department and/or the Village of New Lexington may commence a civil suit to recover the costs plus any additional costs or expenses allowed by law. In addition, the Village of New Lexington may pursue any other remedy or may institute an appropriate action or proceeding in a court of competent jurisdiction to collect the charges imposed under this ordinance together with costs and attorney fees.
(g) Appeal Procedure.
(1) Any responsible party who receives an invoice for assessable costs shall have an opportunity to meet with the New Lexington Fire Chief or designee to request a modification of the assessable costs. The responsible party shall request such meeting in writing within fourteen (14) days from the date of service of the invoice.
(2) If after meeting with the New Lexington Fire Chief or designee the responsible party is still not satisfied, he or she may request an opportunity to appear before the New Lexington Village Council to further request a modification of the assessable costs. A responsible party who desires to appear before the New Lexington Village Council must first meet with the New Lexington Fire Chief or designee, as provided above, and shall file a written request to appear before the New Lexington Village Council with the Village Clerk within seven (7) calendar days of the date of the meeting with the New Lexington Fire Chief or designee. Any such request shall specifically identify and explain all reasons why the responsible party believes the assessed costs should be modified. Any reason, basis or argument for modification of the assessable costs not set forth in the request to appear shall be deemed waived by the responsible party. Upon receipt of such request, the Village Clerk will place the responsible party on the agenda of the next regularly scheduled New Lexington Village Council meeting, which meeting is at least fourteen (14) calendar days after the date on which the responsible party files the request to appear. After a responsible party has been given an opportunity to appear before it, the New Lexington Village Council shall promptly determine whether to confirm, modify or void payment of the assessable costs invoiced.
(3) Failure to file a timely written request for a meeting with the New Lexington Fire Chief or New Lexington Village Council request to appear before the shall constitute a waiver of the responsible party’s right to same; and shall further constitute the responsible party’s agreement to pay the assessable costs invoiced.
(h) Lien.
(1) When the incident or event requiring Department services involves real property, if the assessable costs, including any late payment fee or interest, assessed against a responsible party are not paid when due, said costs shall be a special assessment against the real property and shall, to the extent permitted by law, constitute a lien upon such real property in the same manner as property taxes and/or special assessments.
(2) The Village Finance Director shall, prior to September 30 of each year, certify to the Assessor of the township or village in which the subject real property is located the face that such assessable costs are delinquent and unpaid. Such Township or Village Assessor is then authorized to enter the delinquent amount on the next general ad valorem property tax roll as a charge against the subject real property, and the lien thereon shall, to the extent permitted by law, be enforce in the same manner as provided by law for delinquent and unpaid real property taxes.
(i) Multiple Property Protection. When a particular fire protection or other emergency vehicle service rendered by the New Lexington Fire Department directly benefits more than one person or property, the owner of each property so benefited, and each person so benefited where property protection si not involved, is liable for the payment of the full charge for such service.
(j) Severability. If any provision or part of this ordinance is declared by any court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity or enforceability of any other provision or par, which shall remain in full force and effect.
(Ord. 20-3. Passed 1-6-20.)