§ 31.22  COST RECOVERY AUTHORIZATION AND PROCEDURE.
   (A)   The city may recover all assessable costs in connection with a public safety or fire emergency incident from any or all responsible parties, jointly or severally.
   (B)   The City Manager or his or her designee shall determine the total assessable costs and shall in consultation with other city personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered:
      (1)   The total assessable costs;
      (2)   The risk the public safety or fire emergency incident imposed on the city, its residents and their property;
      (3)   Whether there was any injury or damage to person or property;
      (4)   Whether the public safety or fire emergency incident required evacuation;
      (5)   The extent to which the public safety or fire emergency incident required an unusual or extraordinary use of city personnel and equipment; and
      (6)   Whether there was any damage to environment.
   (C)   After consideration of the factors in division (B) immediately above, the City Manager may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability therefor or is legally at fault.
   (D)   If the City Manager determines not to assess all or a part of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to other parties.
(Ord. passed 9-12-00)