§ 33.01  MITIGATION RATES.
   (A)   The city shall initiate mitigation rates for the delivery of emergency and non-emergency services by the Fire Department for personnel, supplies and equipment to the scene of emergency and non-emergency incidents as listed in Exhibit A, attached to Ordinance 102615. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in Exhibit A, attached to Ordinance 102615, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to the Ordinance.
   (B)   A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
   (C)   The City Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
   (D)   Mitigation rates will only apply to persons who are not residents of the city. Residents within the city boundaries currently subsidize these emergency service costs through their property taxes. Responses involving intoxicated drivers, hazmat clean-up, intentional and negligent acts or any act that violates any ordinance, local, state or federal statute may be subject to all applicable rates regardless of residency. For purposes of this section, a resident is defined as: (a) any person who maintains his or her full time residence within the city; or (b) is the majority owner of a business that operates from real property owned by the business located within the city. (For purposes of this section, a business includes any joint stock company, corporation, association, joint venture, limited liability company, club or partnership.)
(Ord. 102615, passed 10-21-2015)