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2002-090 Ordinance
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2002-090 Ordinance
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1/9/2014 4:03:19 PM
Creation date
12/30/2013 9:16:57 AM
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North Olmsted Legislation
Legislation Number
2002-090
Legislation Date
8/6/2002
Year
2002
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EXHIBIT A <br />CHAPTER 1371 <br />Charges for Emergency Municipal Services <br />1371.01 Purposes 1371.04 Billing <br />1371.02 Definitions 1371.05 Failure to Pay <br />1371.03 Charges <br />1371.01 PURPOSES. <br />A greater than normal operational and financial burden is placed upon the City by <br />contractors who, from time to time, create, cause to be created, or contribute to cause, <br />incidents at construction sites which pose serious and immediate risk of injury to persons <br />and property, and require the City to respond with emergency municipal services in order <br />to protect the health, safety and welfare of persons at the site and/or the community in <br />general. The purpose of this Chapter is to recover from contractors the costs incurred by <br />the City for emergency municipal services provided in response to such incidents. <br />1371.02 DEFINTTIONS. <br />As used in this Chapter: <br />(a) "Contractor" shall rnean any person, partnership, corporation, or other entity <br />engaged in excavating, building, or any other construction activity in the City, whether <br />located on private or public property. <br />(b) "Emergency Municipal Services" shall mean the providing of police, fire, <br />paramedic or other services by the City, or by any private individual or corporation <br />operating at the request or direction of the City, in response to an incident, occurring on <br />public or private property, which constitutes, in the judgment of the City, an emergency <br />posing an immediate threat of injury to persons or property, or to the public health, safety <br />or welfare of the community. <br />(c) "Expense" shall mean all actual or reasonably calculated costs incurred by the <br />City, or by a private individual or corporation operating at the request or direction of the <br />City, in providing emergency municipal services. Such expenses shall include, but not be <br />limited to, labor and equipment costs. <br />(d) "Incident" shall mean any accident, occurrence or other event ca.used by <br />either an act of negligence or recklessness, a failure to perform a duty required by <br />contract, or an act which constitutes a violation of federal or state law, or City ordinance. <br />1371.03 CHARGES. <br />The expense of responding with emergency municipal services to an incident <br />caused by a contractor, or any of its employees, agents, or others acting in concert with <br />the contractor, shall be borne by and charged to the contractor. The charges shall
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