(a) Any person charged the EMS Subscription Fee or the EMS response fee may appeal such charge as prescribed in this Section 3.44.060.
(b) Within 30 days after the notice of the EMS Subscription Fee or the EMS response fee, any person may appeal such fee by filing a written appeal with the City Clerk setting forth the reasons and providing any relevant documentation or other evidence showing why the person is not responsible for payment of the fee, together with an advance deposit of the fee (if such fee has not already been charged) or a notice that a request for an advance deposit hardship waiver. Any fee which has been deposited shall be refunded if it is determined that the person is not responsible for the payment of the fee. There shall be no other charge for the filing of an appeal.
(1) Any person who requests an appeal to contest the charging of an EMS Subscription Fee or EMS response fee who is financially unable to make the advance deposit of the fee as required may file a request for an advance deposit hardship waiver at the same time as filing the appeal. The failure of any person to timely file a written request for an advance deposit hardship waiver with the [word missing] shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.
(2) The request for an advance deposit hardship waiver shall be in writing and describe with particularity the person's actual financial inability demonstrating why all or a part of the fee cannot be paid. Further, the written request for an advance deposit hardship waiver must be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Manager, or his or her designee, the person's actual financial inability that necessitates an advance deposit hardship waiver. The City Manager, or his or her designee, is entitled to request additional documentation and information from the person in order to fully assess the waiver request. The failure of any person to timely submit all requested additional documentation and information to the City Manager, or his or her designee, as requested shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.
(3) Once a complete written request for an advance deposit hardship waiver is filed with the City Clerk, or his or her designee, the requirement of depositing the full amount of the fine shall be stayed until the City Manager, or his or her designee, determines whether to grant, grant in part, or deny the request. The written determination of the City Manager, or his or her designee, shall be final. If the City Manager, or his or her designee, grants the advance deposit hardship waiver, the person shall not be required to deposit the fine in advance of the appeal. If the City Manager, or his or her designee, grants the advance deposit hardship waiver in part, or denies the advance deposit hardship waiver, then the person shall remit the amount specified in the decision on the advance deposit hardship waiver within ten calendar days.
(c) The City Manager, or their designee, shall not consider the appeal of the charge of an EMS Subscription Fee or EMS response fee unless and until a request for appeal has been filed in conformity with Section 3.44.060(b) has been submitted, and, if applicable, the fee has been deposited or an advance deposit hardship waiver has been filed. After considering the written appeal setting forth the reasons and any relevant documentation or other evidence showing why the person is not responsible for payment of the fee, the City Manager, or their designee, shall issue a written decision within 60 days and shall include the reasons for that decision. The decision of the City Manager, or their designee, shall be final. If the City Manager, or their designee, determines that the charge of the fee should be upheld, then the fee amount on deposit with the City shall be retained by the City. If the City Manager, or their designee, determines that the fee was improperly charged, then the City shall promptly refund the amount of the deposited fee.
(d) In exceptional or unusual circumstances, the City Manager or their designee may elect not to charge an otherwise applicable EMS Response Fee. "Exceptional or unusual circumstances" include, but are not limited to, the following: (i) cases in which the patient dies before EMS personnel arrive; or (ii) cases in which the patient dies while EMS personnel are providing emergency medical services. The City Manager or their designee may also waive the EMS Response Fee for any patient who demonstrates that the combined gross income of all members of the patient's residence is less than the amount established for Riverside County by the United States Department of Housing and Urban Development for low income or very low-income families for the applicable household size. The income exemption limit provided herein shall be revised annually by the City to conform to the most current low income and very low-income limits for Riverside County for applicable household sizes, as determined by the United States Department of Housing and Urban Development (HUD) with regard to the Public Housing and Section 8 Program. The City Manager or their designee may not waive an otherwise applicable EMS Response Fee by virtue of a patient's relationship or friendship with any City official or employee, or by virtue of a patient's employment by the City if the service received occurs while the City employee is off duty/not working. The City Manager or their designee shall create a written record for each instance in which an EMS response fee is waived, documenting the circumstances involved and the reason for the EMS response fee waiver. Each such record shall be maintained by the City for a period of at least five years.
(Ord. 209, passed 9-1-2021)