(A) Purpose. Three Oaks Township and Three Oaks Village, both of Berrien County, Michigan, have heretofore by written agreement established pursuant to Public Act 33 of 1951, M.C.L.A. §§ 48.801 to 48.813, as amended, a Fire Administrative Board.
(1) This section is adopted for the purpose of providing financial assistance to the township, the village and the Fire Administrative Board in the operation of a Fire Department from those receiving direct benefits from the fire protection services.
(2) It is the further purpose of this section to provide for full funding of the Fire Department operation which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the township and the village from the existence of a Village/Township Fire Department and its availability to extinguish fires within the township and village and perform other emergency services.
(B) Charges. The following charges will be based on a time per-hour: firefighter, equipment ($250/hr/truck) and the fair value of material used.
(1) The charges shall hereafter be due payable to the Fire Administrative Board from a recipient of any of the following enumerated services from the Village/Township Fire Department:
(a) Grass fire;
(b) Rubbish fire;
(c) Automobile fire;
(d) House/garage/barn fire;
(e) Fire in a commercial establishment;
(f) Fire in a industrial or manufacturing establishment;
(g) Fire in a multiple-family building;
(h) Hotel or motel fire;
(i) Aircraft fire;
(j) Train fire;
(k) Truck fire;
(l) Forest fire;
(m) Emergency rescue service;
(n) Resuscitator service;
(o) Swimming pool service;
(p) Hazards material service;
(q) False alarms; and
(r) Other services not specifically enumerated herein.
(2) Charges set out in this section and the exemptions therefrom set out in division (D) below may be determined or adjusted from time to time by resolution of the Township Board and the Village Council, and such adjustments shall not require a formal amendment to this section.
(C) Time for payment. All of the foregoing charges shall be due and payable to the Fire Administrative Board within 30 days after the date the service is rendered and in default of payment shall be collectible as provided herein.
(D) Exemptions. The following properties and services shall be exempt from the foregoing charges:
(1) Fires caused by railroad trains which are the specific statutory of railroad companies;
(2) Fires involving village and township buildings, grounds and/or property; and
(3) Fire service performed outside the jurisdiction of the township or village under a mutual aid contract with an adjoining municipality.
(E) Collection of charges. The Fire Administrative Board is hereby delegated the authority and responsibility for billing and collecting charges and may proceed in district court to collect any monies remaining unpaid and shall pursue any and all other remedies provided by law for the collection of said charges.
(F) Non-exclusive charge. The foregoing rates and charges shall not be exclusive of the charges that may be made by the Fire Administrative Board for the cost and expense of maintaining a Fire Department, but shall only be supplemental thereto. Charges may additionally be collected by the village and the township through general taxation by procedures provided by law or by a special assessment established as provided by law. General Fund appropriations may also be made to cover such additional costs and expenses.
(G) Multiple property protection. When a particular service rendered by the Village/Township Fire Department directly benefits more than one person or property, the owner of each property so benefitted and each person so benefitted where property protection is not involved shall be liable for the payment of the full charge for such service herein before outlined. The interpretation and application of this section is hereby delegated to the Village/Township Fire Chief subject only to appeal, within the time limits provided herein for payment, to the Fire Administrative Board and shall be administered so that charges shall only be collected from persons and property who benefit from the service.
(Ord. 134, passed 8-11-1999)