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This subchapter is adopted for the purpose of partially financing certain specified types of fire and emergency services enumerated herein furnished to persons who are neither residents nor owners of real property in Silver Creek township and therefore not subject to taxes or special assessments and to also help defray the costs of providing certain other specified types of fire and emergency services from those receiving direct benefits from those services.
(Ord. 17-02, passed 5-10-2017)
A recipient or beneficiary of any of the enumerated fire emergency services set forth in § 33.18 of this subchapter rendered in Silver Creek Township by or on behalf of the Indian Lake Volunteer Fire Department or the Sister Lakes Volunteer Fire Department (hereinafter "Fire and Rescue Department") in Silver Creek Township shall be responsible for payment to Silver Creek Township of a fire and emergency services fee for the actual cost of providing such services in accordance with the provisions of this subchapter, including, but not limited to, costs incurred for incident abatement, mitigation, clean-up, mutual aid, and stand-by service for the scene or incident. Such costs shall include, but are not limited to:
(A) All personnel costs of all personnel attending on behalf of and with the authority of the township including their current hourly rate, fringe benefits, and salary apportioned to the length of time in attendance, calculated commencing one hour after receipt of the signal to respond and continuing for each personnel until that personnel has concluded his or her incident related responsibilities.
(B) The equipment costs of all equipment attending as established by an itemized resolution of the Township Board setting forth the costs attributable to each piece of equipment which might be involved in such a response. This subchapter may be amended from time to time to reflect changes in equipment, inflation factors, and accounting records of past occurrences.
(C) Other expenses incurred by the Township, including but not limited to, rental or purchase of additional machinery or equipment, retention of consultants, medical and hospitalization costs, replacement costs related to disposable personnel protective equipment required to be disposed of, extinguishing chemicals, supplies and water purchased from water systems, and meals and refreshments for emergency personnel while responding to the incident.
(D) Additional charges imposed by any other local, state or federal government entities, related to the incident.
(E) Administrative costs incurred in accounting for all expenditures and for billing and collection of such expenditures, which shall not exceed 25% of the foregoing costs.
(Ord. 17-02, passed 5-10-2017)
A fire and emergency services fee calculated in accordance with § 33.17 of this subchapter shall be imposed for Fire and Rescue Departments and other Township services rendered in response to the following types of emergency incidents causing attendance of Fire and Rescue Departments personnel and/or equipment:
(A) False alarm (i.e., an emergency services call to a site when no actual emergency exists), if there have been three or more prior false alarm calls to the same property within the past year.
(B) Incident involving spills onto a public or private road by a vehicle or trailer of non-hazardous materials (i.e., materials that are not HAZARDOUS MATERIALS as defined in § 33.02) of such quantity as to require Fire and Rescue Department assistance in either removing the material from the road or in limiting access to the road until the material is removed.
(C) Fires caused by the illegal presence at the site of:
(1) Methamphetamine or any other controlled substance as defined under MCL 333.7104(2); or
(2) Chemicals and/or equipment being used for the illegal production of such a controlled substance.
(D) Emergency Fire and Rescue Department stand-by requested by the Cass County Sheriff's Department or other law enforcement agency at a site where methamphetamine or any other controlled substance as defined under MCL 333.7104(2) is being illegally kept or produced.
(E) A vehicle accident involving a vehicle owned by a party who neither resides in the township nor owns real property within the township. Notwithstanding § 33.22, the imposition of a fire emergency services fee for response to this type of incident shall be limited to those beneficiaries that neither own real property within the township nor reside within the township.
(F) A grass, brush or debris fire or bonfire not authorized or permitted by township ordinance, by state statute or by any required permit from the Fire and Rescue Department.
(G) A fire or potential fire caused by a fireworks display not authorized or permitted by township ordinance or state statute.
(H) A fire caused by proven or admitted arson by the owner of the premises or item subject to the fire.
(Ord. 17-02, passed 5-10-2017)
Following the conclusion of the emergency incident, the Indian Lake Volunteer Fire Department Chief or the Sister Lakes Volunteer Fire Department Chief (hereinafter collectively referred to as “Township Fire Chief”) shall submit a detailed listing of all known expenses to the Township Treasurer or his/her designee, who shall prepare an invoice to the responsible party(ies). Said invoice shall demand full payment within 45 days of the receipt of the bill. Any additional expenses that become known to the Township Fire Chief following the transmittal of the bill to the responsible party(ies) shall be billed in the same manner on a subsequent bill to the responsible party(ies). For any amounts due that remain unpaid after 45 days, the township shall impose a late charge of 1% per month or fraction thereof.
(Ord. 17-02, passed 5-10-2017; Ord. 021-06, passed 10-13-2021)
The foregoing fee shall not be exclusive of the charges that may be made by the township for the costs and expenses of maintaining a Fire and Rescue Department, but shall only be supplemental thereto. Monies may additionally be collected by the township through general taxation after a vote of the election approving the same or by a special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional costs and expenses. The fees imposed under this chapter shall be deemed supplemental to the separate charges imposed under §§ 33.01 et seq. Fire and Rescue Department responses to incidents involving the release or threatened release of HAZARDOUS MATERIALS as defined under § 33.02.
(Ord. 17-02, passed 5-10-2017)
When a particular emergency service of the type enumerated in § 33.18 benefits more than one person or property, the owner of each property so benefited and each person so benefited shall be liable for the payment of the full charge for such service hereinbefore outlined. The interpretation and application of the within section is hereby delegated to the Fire Chief subject only to appeal, within the time limits for payment, to the Silver Creek Township Board and shall be administered so that fees shall only be collected from the beneficiary(ies) of the service. A "beneficiary" shall be defined for purposes of this section as any individual, corporation, association, partnership, joint venture or other legal entity that:
(A) Caused the incident requiring Fire and Rescue Department services;
(B) Is an owner and/or occupant or party in control of property from which the materials involved in the incident were released or spilled;
(C) Is the owner or lessee of the vehicle or trailer from which the materials involved in the incident were released or spilled;
(D) Is the owner of the materials involved in the incident which were released or spilled; and
(E) In the case of an incident involving a false alarm call, the owner and/or lessee of the property which was the subject of the call.
(Ord. 17-02, passed 5-10-2017)
(A) Any person or entity who neglects or refuses to pay the foregoing fire and emergency services fee within 45 days of the billing for the same shall be deemed to have committed a municipal civil infraction as defined by Michigan statute and shall be punished by a civil fine in addition to the payment of the required fee in accordance with the following schedule:
(1) One hundred dollars for each day that the aforesaid fee remains unpaid after the due date thereof but not to exceed $500.
(2) Additionally, the violator shall pay costs which may include all expenses direct and indirect which the Township of Silver Creek has incurred in connection with the municipal civil infraction, in no case, however, shall costs of less than $9 be ordered.
(B) In addition to the above, the township may pursue any other remedy, or may institute any appropriate action or proceeding, in a court of competent jurisdiction to collect fees imposed under this subchapter. The recovery of fees imposed under this subchapter does not limit the further liability of responsible parties under focal ordinance or state or federal law, rule or regulation.
(Ord. 17-02, passed 5-10-2017)