(A) Responsible party; reimbursement of township. When the township’s Fire Department responds to a call for assistance which involves burning that was conducted in violation of § 92.03 of this chapter, the responsible party shall be obligated, jointly and severally, to reimburse the township, its agents, contractors and employees for all costs of the township incurred in connection with the response to the incident and for all costs of any other fire departments that responded to the incident pursuant to a mutual aid agreement. For purposes of this section, the costs incurred by the township for any response activities shall include, but not be limited to, the following:
(1) Charges for Fire Department vehicles as established by resolution;
(2) The costs of personnel, supplies and equipment of the township’s Fire Department utilized in connection with the incident;
(3) Any costs charged to the township by a third party; and
(4) Billing and collection costs, including attorneys’ fees.
(B) Billing and collection. Following a response to an unlawful burning, the Fire Chief shall prepare and transmit an invoice to the responsible party (or parties) for payment. The invoice shall demand full payment within 30 days of the date of the mailing of the bill. Any additional expenses that become known to the Chief following transmittal of the bill to a responsible party shall be billed in the same manner on a subsequent bill. For any amounts due that remain unpaid after 30 days, the township shall impose a late charge of 1% per month, or fraction thereof. Failure to pay the invoice within 30 days of the date of mailing shall constitute a violation of this subchapter.
(C) Enforcement. If any responsible party fails to reimburse the township for the costs described in division (A) above, the township may bring an action in a court of competent jurisdiction, and may take any other lawful action, to collect such costs. In addition, if a responsible party who fails to reimburse the township for the costs described in division (A) above, is an owner or taxpayer of the property on which the unlawful burning occurred, the township may add such costs to the tax roll as to such property and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against such property. The recovery of costs imposed under this section does not limit or modify the liability of any responsible party under local ordinance, or state or federal law, rule or regulation.
(Prior Code, § 81.003A) (Ord. 00-1, passed 1-13-2000)