Fire

ORDINANCE NO. 84-1

Revised October 10, 2005

ESCANABA TOWNSHIP FIRE DEPARTMENT

ORDINANCE ADOPTED: 1984

EFFECTIVE: DECEMBER 10, 2003
An ordinance to establish charges for fire department service under Michigan Public Act 33 of 1951, as amended (Compiled Law 41.801 etc.) and to provide methods for the collection of such changes and exemptions therefore.

TOWNSHIP OF ESCANABA DELTA COUNTY, MICHIGAN ORDAINS:

SECTION 1 — PURPOSE

The within ordinance is adopted for the purpose of providing financial assistance to the township in the operation of a fire department from those receiving direct benefits from the fire protection service. It is the further purpose of the within ordinance 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) from the existence of a Township and perform other emergency services.

SECTION II — CHARGES

The following charges shall hereafter be due and payable to the Township from a recipient of any services from the Township Fire Department. Minimum charge is one hour.
$150.00 an hour for the first hour
$100.00 each additional hour.

Hourly charges will be reviewed and updated at the annual meeting of the Township.

SECTION II — CHARGES (REVISED I)

The following charges shall hereafter be due and payable to the Township from a recipient of any services from the Township Fire Department. Minimum charge is one hour.
$200.00 an hour for the first hour
$100.00 each additional hour

Hourly charges will be reviewed and updated at the BUDGET HEARING of the Township.

SECTION II — CHARGES (REVISED 2)

The following charges shall hereafter be due and payable to the Township from a recipient of any services from the Township Fire Department. Minimum charge is one hour.
$300.00 an hour for the first hour
$200.00 each additional hour

Hourly charges will be reviewed and updated at the BUDGET HARING of the Township.

SECTION III — TIME FOR PAYMENT FOR RUN

All of the foregoing charges shall be due and payable within 30 days from the date the service is rendered and in default of payment shall be collectible through proceedings in district court or in any other court of competent jurisdiction as matured debt.

SECTION IV — EXEMPTIONS

The following properties and services shall be exempt form the foregoing charges:
A. Fires involving township buildings, grounds, and or property.
B. Fire service performed outside the jurisdiction of the township under a mutual aide contract with an adjoining municipality.

SECTION V — LIEN RIGHTS

Where land or other property of value remains following a fire call by the Township Fire Department, the Township shall hereby have a lien upon the same to secure the payment of the foregoing rates and charges due to the Township resulting from such fore protection service. Such lien shall remain upon the property until the charges have been paid in full and may be foreclosed by the Township to secure such charges in the same manner as the foreclosure of mechanics’ lien under the law and statues of the State of Michigan existing at the time of such foreclosure.

The following lien rights shall not preclude the Township from proceeding in district court by suit to collect any money remaining unpaid.

SECTION VI — NOON-EXCLUSIVE CHARGE

The foregoing rates and charges shall not be exclusive of the charges that may be made by the Township for the cost and expenses of maintaining a fore department, but shall only be supplemental thereto. The Township through general taxation may additionally collect charges after a vote of the electorate approving the same or by special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional costs and expenses.

SECTION VII — MULTIPLE PROPERTY PROTECTION

Where a particular service rendered by the Township Fire Department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited 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 the within section in hereby delegated to the Township Fire Chief subject only to appeal, within the time limits for payment, to the Township Board and shall be administered so that charges shall only be collected from the recipients of the service.

SECTION VIII — SEVERABILITY

Should any provision or part of the within Ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not effect the validity or enforceability of the balance of this Ordinance which shall remain in full force and effect.

SECTION IX — BURNING PERMIT

It is understood that legally no burning can be done without first obtaining a burning permit from the D.N.R. or U.S. Forest Service.

SECTION X — EFFECTIVE DATE

This Ordinance shall take effect immediately. All Ordinances or part of Ordinances in conflict herewith are hereby repealed.