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Any person convicted of a second or subsequent violation of this chapter within a 12-month period shall be civilly liable to the city for all emergency response costs incurred by the city arising out of the second or subsequent response to an unlawful gathering.
(Ord. 2447)
Where the chief of police determines that a second or subsequent response has been made to an unlawful gathering within the 12-month period following the initial response to an unlawful gathering at the same location, the chief of police shall assess an emergency response fee against any responsible person upon the person's second or subsequent violation of this chapter within a 12-month period.
Where two or more responsible persons are assessed an emergency response fee for the same unlawful gathering, all such persons shall be jointly and severally liable to the city for the full amount of such fee. In the event that the responsible person is a juvenile, then the parent(s) or legal guardian(s) of the juvenile shall be jointly and severally liable for the full amount of such fee.
(Ord. 2447)
Upon determining to assess an emergency response fee against a person responsible for an unlawful gathering, the chief of police shall cause notice of the assessment to be served on such person by depositing such notice in the United States mail, first class postage prepaid, to the person at the person’s last known address. Such notice shall contain the following information:
A. The name(s) of the person(s) liable for the emergency response costs;
B. The address of the residence or other private property where the unlawful gathering occurred;
C. The date and time of the second or subsequent response;
D. The law enforcement and fire personnel who responded to the second or subsequent response;
E. An itemized list of the emergency response costs for which the responsible person is liable; and
F. Notice of the right to an administrative review regarding the emergency response fee by the chief of police pursuant to section 9.31.130, provided that the responsible person files a written request for an administrative review no later than 15 days from the date the notice of assessment of the fee was mailed to such person.
(Ord. 2447)
Every emergency response fee assessed upon a person responsible for an unlawful gathering shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed an emergency response fee to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof, provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee. In addition, in the event of the failure of a person assessed an emergency response fee to pay such fee when due, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid.
(Ord. 2447)
A. Right to Administrative Review. Any person assessed an emergency response fee in the manner provided by this chapter may apply to the chief of police for administrative review of the determination by the chief of police to assess such fee and/or the determination of the chief of police as to the amount of the fee.
B. Application for Administrative Review. Application for administrative review of a determination of the chief of police to assess an emergency response fee or a determination of the chief of police as to the amount of the such fee shall be in writing and shall be filed with the police department by the person against whom the fee was assessed no later than 15 days from the date the notice of assessment of the fee was mailed to such person. In addition to setting forth the request for administrative review of such determination, such application shall contain a brief statement of the reasons why the person against whom the fee was assessed believes that the determination does not comply with the provisions of this chapter as well as a statement of the relief being requested.
C. Decision on Application for Administrative Review. Upon the filing of a timely application for administrative review of the determination of the chief of police to assess an emergency response fee or a determination as to the amount of such fee, the chief of police shall consider the application and render a decision either affirming, reversing, or modifying the determination. Prior to rendering a decision, the chief of police, in his or her sole discretion, may convene a hearing for the purpose of reviewing evidence or hearing arguments bearing on the determination. If such a hearing is convened, notice of the date, time, and place of the hearing shall be served by mail on the person having requested administrative review of the determination a reasonable time prior to such hearing. After rendering a decision, the chief of police shall promptly cause written notice of the decision to be served by mail on the person having requested administrative review of the determination by depositing such notice in the United States mail, first class postage prepaid.
D. Payment of an Emergency Response Fee Following Administrative Review. Where the chief of police renders a decision to affirm a determination to assess an emergency response fee and/or to affirm a determination as to the amount of the fee so assessed, either in whole or in part, following the filing of an application for administrative review of such determination, such fee or such part thereof found by the chief of police to have been validly assessed shall not be due and payable until the last day of the month immediately following the month in which notice of such decision was mailed to the person against whom the fee was assessed.
(Ord. 2447)
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