[1]
Editor's Note: Ord. No. 10-03, adopted 4-19-2010, amended
Art. IV, in its entirety to read as herein set out. Prior to inclusion
of said ordinance, Art. IV, pertained to similar subject matter. See
also the Code Comparative Table.
[Amended 4-19-2010 by Ord. No. 10-03]
The purpose of this article is to enable the City of Corunna
and Corunna-Caledonia Fire Department to require reimbursement from:
(a)
Those responsible for (either intentionally, accidentally,
or as a result of actions by others) or owning or controlling property
affected by, the leaking, spilling releasing or allowing certain hazardous
substances or materials to escape containment, or for damaged and/or
downed power lines, electric service lines, gas mains, gas service
conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy
leads, telephone lines, cable television lines, traffic signals or
signs; thereby requiring the City and/or its agents, to provide emergency
containment, cleaning, and/or disposal of hazardous substances or
materials, or for the securing and prudent monitoring of the site
of an accident or natural disaster, including those involving public
or private utilities.
(b)
Those responsible for (either intentionally, accidentally,
or as a result of actions by others) or owning or controlling property
affected by or involved in an emergency incident including airports,
bomb threats, powered and nonpowered aircraft, recreational vehicles,
trailers, agricultural machinery, powered and nonpowered watercraft,
motor vehicle fires, illegal fires, extrication from vehicles, aircraft
or watercraft involved in accidents, and accident-related cleanup.
[Amended 4-19-2010 by Ord. No. 10-03]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An unforeseen or unexpected happening or occurrence which
of itself causes great harm or damage, or which creates the potential
for great harm or damage to individuals and/or property, and which
requires immediate and prudent securing and monitoring by the City
of Corunna, and/or agents of the City, to reduce the potential for
such damage, but not including emergency incidents.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would (1) violate a federal,
state or local law, or (2) cause property damage and/or personal injury
or death.
Any substance (including gases or vapors) which if spilled,
leaked, or otherwise released from its container, is dangerous or
harmful to the environment or human or animal life, health, or safety,
or otherwise constitutes a danger, threat, or nuisance to the public
health, safety or welfare. Hazardous materials shall include, but
not be limited to, such substances as chemicals and gases, explosives,
radioactive materials, petroleum or petroleum based products, poisons,
biologic agents, flammable, combustibles, hazardous wastes, or corrosives.
The Fire Chief or the chief's designee shall have reasonable discretion
to determine whether any particular substance constitutes a hazardous
material.
A bomb threat, vehicle fire, an illegal fire, extrication
from vehicles involved in accidents, and accident-related cleanup.
The providing, sending and/or utilization of public works,
police, fire and/or rescue services by the City of Corunna at an emergency
incident or at an incident involving release of a dangerous or hazardous
substance or material, or an accident requiring immediate and prudent
securing and monitoring by the City and/or agents of the City.
An expense of an emergency response means the actual costs incurred by the City of Corunna in making an appropriate emergency response to an accident or incident, including the costs of providing police, firefighting and rescue services, public works and/or other City personnel, or the services of other agents of the City, at the scene of an incident or accident. Related administrative costs, which for agents of the City shall be 15% of the actual charge to the City, accruing after the occurrence of such incident or accident are also included. Such costs and expenses shall include the salaries or wages, workers compensation benefits, and fringe benefits of the personnel responding to the incident or accident and the costs of equipment and materials used. The expense for an emergency incident shall be according to a fee schedule adopted by the Corunna City Council and may be changed from time to time pursuant to Chapter 38 of the Corunna City Code and such changes shall not require a formal amendment of this article. The same shall be displayed in the City of Corunna Clerk's office and shall be available for distribution upon request at a nominal copy cost fee.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire, a fire
set in violations of a "no burning" ban or order and/or a fire set
without a required permit.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for an emergency incident or any
owner, tenant, occupant or party in control of real and/or personal
property from which, onto which or related to which there is a public
safety or fire emergency incident and their heirs, estates, successors
and assigns.
[Amended 4-19-2010 by Ord. No. 10-03]
It shall be the duty of any person, firm, corporation, public
or private utility, or any other entity directly or indirectly causing,
contributing to, or allowing the leakage, spillage or any other release
of dangerous or hazardous substances or materials or owning or controlling
property affected thereby or requiring the securing and monitoring
of sites or locations of accidents and/or natural disasters, including
downed power lines and electric service lines, ruptured gas mains,
gas service conduits, water mains, occupancy leads, telephone lines,
or cable television lines, to immediately secure, monitor, and cleanup
the area or locations in such manner that the area or location involved
is fully restored to the condition existing prior to such occurrence.
The City shall have no duty to contain, cleanup or dispose of
any release of hazardous substances or materials, or other materials,
but in emergency situations the Fire Chief or Chief of Police, or
their designees, shall have the authority to take whatever action
is reasonably necessary to protect the health, safety, and welfare
of the general public including securing and monitoring sites of accidents
or providing for or arranging for the containment, removal or cleanup
of any hazardous substances or materials. The City shall inspect the
site to insure that cleanup has been fully completed.
[Amended 4-19-2010 by Ord. No. 10-03]
Any person or entity failing to comply with § 42-122, and/or where a nonemergency incident, emergency response is provided by the City, shall be liable to the City and shall reimburse the City for all costs and expenses, including the costs incurred by the City or any agents the City engages, for the complete abatement, cleanup, restoration and/or securing of the affected area.
[Amended 4-19-2010 by Ord. No. 10-03]
The City of Corunna shall, within 10 days of receiving itemized
costs incurred for an emergency response, submit a bill for the same
by first class mail or personal delivery to any person or entity liable
for these expenses as previously enumerated under this chapter. The
bill shall require full payment within 30 days from date of billing.
[Amended 4-19-2010 by Ord. No. 10-03]
If any person or entity fails to reimburse the City of Corunna
as above provided, the City shall have the right to bring an action
in the appropriate court to collect such costs. If such person or
entity is the owner of real property affected or partially affected
by the release of hazardous materials, or requiring emergency security
or monitoring, the City shall have the right to add any and all costs
of cleanup, restoration and/or of any emergency response, to the tax
roll of 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 said property.
[Amended 4-19-2010 by Ord. No. 10-03]
The following properties and services shall be exempt from the
foregoing charges:
[Amended 4-19-2010 by Ord. No. 10-03[1]]
All proceedings pending and all rights and liabilities existing,
acquired or incurred at the time this article takes effect are saved
and may be consummated according to the law in force when they are
commenced.
[1]
Editor's Note: Ord. No. 10-03, adopted April 19, 2010, included
a fee schedule which is on file with the City.
