(A) Notwithstanding any other provision or rule of law, the Village shall fix, charge and collect reasonable fees for specialized rescue services provided by the Fire Department. The following persons or entities shall be jointly or jointly and severally liable for all costs of the specialized rescue services, as set forth herein:
(1) The owner of the property on which the specialized rescue services occurred;
(2) Any person involved in an activity that caused or contributed to the emergency;
(3) In cases involving the rescue or recovery of an individual, the individual and his/her employer, if the person was acting in furtherance of the employer’s interest; or
(4) In cases involving the recovery of property, the owner of the property or any person having control or custody of the property at the time of the emergency.
(B) Any party described in subsection (A) of this section causing a specialized rescue service emergency response by a rescue team in a structural collapse rescue, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue or trench rescue who has been determined by the Occupational Safety and Health Administration or Illinois Department of Labor to be at fault, shall be responsible for and assume all liability for all of the following:
(1) Reimbursement in full for any and all costs incurred by the Village in connection with the operation, maintenance and staffing required to respond to such specialized rescue incident at the rate based upon ILCS Ch. 65, Act 5, § 11-6-5 of the Illinois Municipal Code in effect at the time of the incident, regardless of residence status, at the maximum rate per hour, per vehicle, rounded up to the next full hour, including back-fill overtime costs, for each employee who participates in such response to a specialized rescue incident including any assisting governmental agencies and private contractors.
(2) Reimbursement in full for any and all replacement and/or repair costs incurred by the Village for equipment and materials used, damaged, lost, spent, destroyed or rendered irreparable in connection with a specialized rescue incident.
(3) Assumption of any and all liability and the costs for any cleanup or removal resulting from a specialized rescue incident including but not limited to any independent cleanup contractor necessitated by such specialized rescue incident.
(4) Any administrative costs generated in conjunction with an expense recovery.
(5) The Fire Department shall prepare and forward to the person or persons causing or permitting a specialized rescue response or any person set forth in subsection (A) of this section, a bill for the total costs and expenses incurred for which such person is responsible pursuant to this section; provided, however, any cost in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within thirty (30) days of receipt. Any bill or portion of a bill remaining unpaid after thirty (30) days of receipt shall accrue interest on the unpaid balance at the rate of two (2) percent per month. Any uncollected portion of the bill not paid after ninety (90) days will be forwarded to the Village's collection agency.
(Ord. 19-4184, passed 10-9-19)