§ 33.20 EXEMPTION.

   All Federal, state, county, municipal and other public bodies shall be exempt from the foregoing fee.

(Ord. 17-02, passed 5-10-2017)

§ 33.21 NON-EXCLUSIVE FEE.

   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)

§ 33.22 MULTIPLE BENEFICIARIES.

   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)

§ 33.23 VIOLATION AND SANCTIONS.

   (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)