242.03   COST RECOVERY.
   (a)   Purpose.  This section is adopted for the purpose of providing financial assistance to the City in the operation of the Fire Department from those receiving direct benefits from the Fire Department services to augment those funds coming from the General Fund.
   (b)   Definition.  "Responsible party" means any individual, firm, corporation, limited liability company, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity that is responsible for an incident, either actual or threatened, or is an owner, tenant, occupant, driver, named insured party or party in control of property onto which or from which the incident occurs.
   (c)   Fees.  The fees will be determined by a resolution of the City Council to include flat fees, equipment operation fees, motor vehicle accident fees, personnel fees and other fees.  The fees shall be due and payable to the Fire Department from any recipient of any of the following enumerated services:
      (1)   Residential and commercial incidents will be subject to a flat rate. The cost of special commercial services and special expendable fire fighting materials (foam products, breathing air) may be assessed in addition to the flat rate.
      (2)   Motor vehicle accidents will be subject to a rate to be determined by the level of response.
         A.   Level I Response.  This would involve a vehicle accident response, which would require an engine to respond to the scene to assist in the situation. It could involve the cleanup of spills and debris removal and extrication and typically would require sixty minutes of time or less on the scene. The rate shall be a flat fee.
         B.   Level II Response.  Vehicle accidents that require extended (over one hour) extrication, hazardous materials, or any other situation requiring Fire Department personnel for multiple engine/truck companies or rescue vehicle; victim entrapment with heavy rescue and/or extended extraction operations; could require removing or mitigating hazardous material incident, combating a working fire, and would require over one hour of time on scene. The rate shall be subject to the hourly fees established by the City Council.
      (3)   Industrial incidents of more than one hour in duration are subject to the FLAT RATE and will be subject to additional hourly fees established by Council. These rates begin at the end of the first hour at the scene. All fees are per hour or any fraction thereof.
      (4)   Medical assistance runs.  There will be no charge for medical assistance incidents that do not involve fire, motor vehicle accidents or hazardous release.
      (5)   Hazardous materials incidents.  All runs involving hazardous materials are subject to a flat rate, plus the hourly equipment and personnel rates specified above. These rates apply from the time the call is received by the Department.
      (6)   Supervision of damaged utility service equipment.  The first hour of any utility service incident will be charged at the aforementioned flat rate. For each additional hour of supervision, the hourly equipment and personnel rates. These rates apply from the time the call is received by the Department.
   (d)   Time for Payment.  The above fees shall be due and payable thirty days from the date service is rendered or billed.  Any additional expenses to the City will be billed to the responsible party in the same manner.  For any amounts due that remain unpaid after thirty days, the City shall impose a late charge of one percent (1%) per month, or fraction thereof. Default in payment of these fees shall subject the responsible party to collection procedures by the City in any type of collection proceeding authorized by the laws of the State of Michigan including, but not limited to, liens upon the property benefitted by the services rendered.  The City shall accept reimbursement from a responsible party's insurance carrier as payment in full of expenses of emergency response, in the case of bona fide residents of the City who appear as title owners of real property on the City's tax rolls but non-residents will pay the total bill.
   (e)   Exemptions.  The following property and services rendered by the Fire Department shall be exempt from the fees:
      (1)   False alarms up to three per any twelve month period or at the discretion of the Chief.
      (2)   Cases of undue hardship, to be determined by the Chief or City Council.
      (3)   Fire involving City buildings and grounds.
      (4)   Services performed under a mutual aid contract if approved by the Chief.
   (f)   Lien Rights.  The City shall have a lien on all real and personal property benefitted for services under this section by reason of default and payment of the fees set by this section resulting from protection services. This lien may be foreclosed by the City to secure payment for the fees in the same manner provided for the foreclosure on mechanics' or materialman's liens under the laws of the State of Michigan existing at the time of default of payment by the responsible party who benefitted by the protection services. It is expressly understood that the pursuance of the lien rights shall not be the exclusive remedy of the City under this section.
   (g)   Non-exclusive Fee.  The fees set fourth in this section shall not be the exclusive fees made by the City for the cost and expenses on maintaining the Fire Department. The City may use any means provided under Michigan Public Act No. 33 of 1951, as amended (MCL 41.801 et seq.) and Michigan Public Act 102 of 1990 (MCL 41-806a) for present and future funding of the Fire Department in addition to the fees set forth in this section.
   (h)   Multiple Property Protection.  Where a particular service rendered by the Fire Department benefits more than one or more persons, or more than one property, the owner of each property benefitted and each person benefitted (where property was involved) shall be liable for the full payment of fees set forth in this section.
(Ord. 07-01.  Passed 5-21-07.)