Chapter 2.20
EMERGENCY SERVICE CHARGES
Sections:
2.20.040 Exemptions from charge.
2.20.070 Person responsible for payment.
2.20.090 Failure to pay charge.
Prior legislation: Ords. 364 and 408-2002.
2.20.010 Purpose.
The purpose of this chapter is to enact and impose a cost recovery mechanism to collect the cost of providing emergency services to users of these services who live outside of the city of Dundee and do not support Dundee emergency services through taxes. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.020 Definitions.
Unless the context requires otherwise, the following words shall be defined as follows in this chapter:
A. “City” means the city of Dundee.
B. “District” means the Dundee rural fire protection district.
C. “Emergency services” means any response to an incident involving fire apparatus and personnel to (1) a person whose person or property is injured or threatened with injury; or (2) a person whose property has injured or threatens to injure another person or another person’s property. “Emergency services” includes, but is not limited to, the suppression of fires, the rescue of persons or property, the provision of medical assistance, traffic control and scene safety, and containment and cleanup of hazardous materials.
D. “Transportation route” means a roadway, waterway or railroad right-of-way against which no taxes or assessments for fire protection are levied by the city or the district. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.030 Charge – Imposed.
Any person receiving emergency services from the city as a result of a motor vehicle crash, an airplane crash, or an occurrence on a transportation route within the city or the district shall be liable to the city for the costs incurred by the city in responding to the incident. When more than one person receives emergency services in a single incident and certain general costs are not solely attributable to any particular person, the general costs incurred may be apportioned pro rata among the recipients of the services not otherwise exempt from payment or among the vehicles involved in the incident, or through any other apportionment which reasonably allocates the benefits received. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.040 Exemptions from charge.
Any person liable for a charge imposed under DMC 2.20.030 shall be excused from paying the charge if the person presents satisfactory proof to the city that, at the time of the incident giving rise to the charge, (1) the person was a resident of the city or owned real property within the city, or (2) the person was a resident of the district or owned real property within the district for as long as an agreement exists between the city and the district for the emergency services provided. [Ord. 541‑2015 § 1 (Exh. A), 2015].
2.20.050 Billing of services.
The city shall bill the cost of providing emergency services to each nonexempt person’s insurance carrier within 30 days of receipt of an emergency service response from the city. The billing date shall be the date of mailing or delivering the bill to the person responsible for payment. Cost of services shall be determined by either using rates and charges prescribed under state laws or administrative rules or by rates adopted by resolution of the city council which are based on actual costs of the services and which are usual, customary and reasonable. The city may contract for the billing and collection of charges imposed under this chapter. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.060 Late charge.
Any charge billed under DMC 2.20.050 shall be due to the city upon demand or billing by the city. The city shall assess a late charge of one percent of the unpaid balance of the charges for each month the invoice is delinquent. An invoice shall be deemed delinquent if not paid in full within 90 days of the billing date. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.070 Person responsible for payment.
To the extent reasonably possible, the insurance carrier of the person requesting or receiving emergency services shall be responsible for paying all fees and charges assessed by the city. However, the city reserves the right to directly bill the involved operator and/or the registered owner. Responsibility for the underlying accident has no bearing on the legal duty of the person(s) billed to make full and timely payment. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.080 Insurance.
The city will accept direct assignment of payment by an insurance company of all fees and charges assessed by the city. The failure of a person responsible for payment to pay said fees and charges to the city within 15 days after assignment of an insurance company payment to that person shall be prima facie evidence of violation of this chapter. All deductibles, exceptions or exclusions in insurance policies which apply in each billing for emergency services are the responsibility of the policyholder. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.090 Failure to pay charge.
The city may seek all legal remedy to collect any and all amount owed to it as a result of providing emergency services under this chapter. The city may refer accounts which are 90 days delinquent to a collection agency and add all costs related to the collections procedures to the invoiced fees. [Ord. 541-2015 § 1 (Exh. A), 2015].
2.20.100 Appeals.
A person invoiced for emergency services may appeal in writing to the fire chief or the fire chief’s designee within 30 days of receiving an invoice. The basis for such appeal shall contain a written explanation of why said person should not be charged for part or all of the pending charges and fees. [Ord. 541-2015 § 1 (Exh. A), 2015].