Municipal Code
CHAPTER 1620 Emergency Service Provider Cost
Recovery
1620.01 Purpose.
1620.02 Definitions.
1620.03 Responsibility for costs of emergency response.
1620.04 Responsibility for cost of citizen assist.
1620.05 Public utilities cost reimbursement.
1620.06 Collection of cost of the emergency response.
1620.01 PURPOSE.
The Village Council determines the cost of providing
emergency responses, nonemergency "citizen assists" and
public utility hazard protection services that benefit
specific persons or property or are necessitated by
intentional, negligent or unlawful acts or omissions or
result from a public utility facility malfunction or
hazard should be borne by the responsible persons or
public utility and not the public at large. Therefore,
pursuant to MCL 41.806a, MCL 769.1f and MCL 324.20101 et
seq., the cost of emergency responses should be
recovered as prescribed in this chapter.
(Ord. 2009-09. Passed 12-14-09.)
1620.02 DEFINITIONS.
As used in this chapter, the words and phrases listed
below shall have the following meanings:
(a) Citizen assist shall mean a non emergency service
requested by and provided to a citizen.
(b) Costs of the citizen assist shall mean the costs
incurred by the Village or Police or Fire Departments,
and by any other governmental or intergovernmental
entity providing services to the Village, for or in
connection with a citizen assist. Costs include the cost
of personnel (wages, overtime and benefits), contracted
services, apparatus and equipment usage, fuel, supplies
and material incurred in connection with the citizen
assist.
(c) Costs of the emergency response shall mean the costs
incurred by the Village or Police or Fire Departments,
and by any other governmental or intergovernmental
entity providing services to the Village, for or in
connection with an emergency response. Costs include the
cost of personnel (wages, overtime and benefits),
contracted services, apparatus and equipment usage,
fuel, supplies, materials, water, oversight,
investigation, removal, maintenance, repair, abatement,
mitigation, monitoring, cleanup, inspection, testing,
analysis, processing, reporting, crowd and traffic
control, security, site restoration, repair or
replacement of damaged public property, collection and
preservation of evidence, enforcement and prosecution
inclined in connection with the emergency response.
(d) Emergency response shall mean any police, fire,
medical, rescue, transport or hazardous material
incident response, service or action by emergency
service providers including the Police and Fire
Departments; dispatch; contractors, entities or persons
operating at the request of the Police or Fire
Departments or any other responder as set forth in the
National Incident Management System (Homeland Security
Presidential Directive 5), to any emergency, accident or
call for assistance from any person, property owner,
government agency, or emergency service provider.
(e) Hazardous material incident shall mean an event
involving any chemical, substance, compound, mixture, or
other material defined, designated, listed, or having
the same characteristics as any substance, compound,
mixture or material listed as hazardous under federal or
state law or regulation.
(f) Person shall mean any individual, partnership,
corporation, limited liability company, association,
consortium, organization, government agency, or any
other legal entity.
(Ord. 2009-09. Passed 12-14-09.)
1620.03 RESPONSIBILITY FOR COSTS OF EMERGENCY RESPONSE.
(a) The costs of the emergency response shall be
assessed to and recovered from the person(s) responsible
for creating or causing the emergency or incident
resulting in the emergency response in the following
circumstances, except as may be limited by policy
adopted by the Village Council:
(1) Where the emergency or incident results from a
violation of a federal, state or local law, regulation
or ordinance or from a reckless, careless or negligent
act or omission;
(2) Where the person is arrested for, or is involved in
a motor vehicle accident in connection with, the
person's operation of a motor vehicle while impaired by
or under the influence of intoxicating liquor or a
controlled substance; or (3) In any other instance where
the Village or Police or Fire Departments have to expend
funds out of pocket or are charged or invoiced for
water, services, equipment, supplies or other materials
used in connection with the emergency response.
(b) Cost recovery for any hazardous material incident
may be pursued in a civil action in accordance with the
Natural Resource Environmental Protection Act (MCL
324.20135(l)(b)).
(Ord. 2009-09. Passed 12-14-09.)
1620.04 RESPONSIBILITY FOR COST OF CITIZEN ASSIST.
Any person who receives a citizen assist more than twice
in any calendar year shall be responsible for the costs
of any additional citizen assist(s) occurring in the
same year.
1620.05 PUBLIC UTILITIES COST REIMBURSEMENT.
All public utility companies operating in the Village
shall be responsible for reimbursing the cost of
services rendered by the Village and police and fire
departments to protect public safety as a result of a
public utility facility malfunction or hazardous
condition created by the operation of public utility
facilities.
(Ord. 2009-09. Passed 12-14-09.)
1620.06 COLLECTION OF COST OF THE EMERGENCY RESPONSE.
(a) The cost of the emergency response, citizen assist,
or public utility protection together with billing and
collection costs, court costs, and attorney fees, shall
be assessed to the person(s) responsible for the cost
under Section 1620.03 through 1620.05, above. Upon
determining responsibility for the cost, the Police
Chief, Fire Chief or Village administration shall
invoice the responsible person(s) for payment. The
responsible person(s) shall pay the invoice within
thirty (30) days.
(b) The Police and Fire Departments may develop
administrative guidelines consistent with this Chapter
concerning record keeping, billing and collection
practices and determination of costs.
(c) A person who is assessed the cost of an emergency
response, citizen assist or public utility protection
may appeal to the Village Council which may affirm,
modify or waive the cost.
(Ord. 2009-09. Passed 12-14-09.)
