CHAPTER 1-20
COST RECOVERY – LIABILITY FOR COSTS OF PROVIDING SERVICES*

* Editor's note – Coun. J. 7-21-04, p. 28443, §§ 2 and 3, renumbered and amended various sections of the Code and created a new Ch. 1-20 to read as herein set out.

1-20-010   Definitions.

1-20-020   Liability designated – Collection.

1-20-030   Liability of employer.

1-20-040   Defenses to violation of law.

1-20-050   Billing – Rules and regulations.

1-20-060   Recovery of court cost and attorney's fees.

1-20-070   Remedies not exclusive.

1-20-080   Continuation of prior ordinances.

1-20-090   Failure to pay debt due and owing the city.

1-20-010 Definitions.

   For purposes of this chapter:

   The word "costs" includes all costs of the city incurred in relation to the provision of services by the city or its agents, regardless of whether the city would have otherwise incurred those costs, including but not limited to wages and benefits of personnel involved in providing such services, reasonable costs of equipment used in the provision of such services, costs of materials expended in providing such services, costs of storing hazardous or any other materials recovered during the course of providing such services, or any other costs allocable to the provision of services.

(Added Coun. J. 12-5-90, p. 27507; Amend Coun. J. 5-17-00, p. 32564, § 1; Amend Coun. J. 7-21-04, p. 28443, § 2)

Editor's note – Formerly § 8-28-010.

1-20-020 Liability designated – Collection.

   Any person who causes the City or its agents to incur costs in order to provide services reasonably related to such person’s violation of any federal, state or local law, or such person’s failure to correct conditions which violate any federal, state or local law when such person was under a legal duty to do so, shall be liable to the City for those costs. This section’s references to “federal, state or local law” encompass, but are not limited to, codified and common law. This liability shall be collectible in the same manner as any other personal liability.

(Added Coun. J. 12-5-90, p. 27507; Amend Coun. J. 5-17-00, p. 32564, § 1; Amend Coun. J. 7-21-04, p. 28443, § 2; Amend Coun. J. 12-16-24, p. 22879, Art. IV, § 1)

Editor's note – Formerly § 8-28-020.

1-20-030 Liability of employer.

   In any case in which a person is liable for costs pursuant to this chapter, and such liability arises as a result of that person's actions within the scope of his employment by any other person, such other person shall also be liable for such costs.

(Added Coun. J. 12-5-90, p. 27507; Amend Coun. J. 5-17-00, p. 32564, § 1; Amend Coun. J. 7-21-04, p. 28443, § 2)

Editor's note – Formerly § 8-28-030.

1-20-040 Defenses to violation of law.

   In an action brought under this chapter where the city has issued a written notice of a violation, it shall be a defense that: the defendant undertook reasonable efforts to remedy the existing violation of law within the time prescribed in the city's notice, or if no time is prescribed in the city's notice, a reasonable period of time.

(Added Coun. J. 12-5-90, p. 27507; Amend Coun. J. 5-17-00, p. 32564, § 1; Amend Coun. J. 7-21-04, p. 28443, § 2)

Editor's note – Formerly § 8-28-040.

1-20-050 Billing – Rules and regulations.

   City departments that provide services may promulgate rules and regulations to determine the method of calculating costs recoverable under this chapter, and for billing persons for charges under this chapter.

(Added Coun. J. 12-5-90, p. 27507; Amend Coun. J. 5-17-00, p. 32564, § 1; Amend Coun. J. 7-21-04, p. 28443, § 2)

Editor's note – Formerly § 8-28-050.