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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)
Where the chief of police renders a decision affirming a determination to assess an emergency response fee, in whole or in part, after administratively reviewing the determination in the manner provided by this chapter, the person against whom the fee was assessed and who requested administrative review of such determination, may appeal the decision to the city manager within 15 days from the date that notice of the decision of the chief of police was mailed to the person requesting administrative review.
Upon receiving an appeal, the city manager shall review the decision of the chief of police and may request additional information from either the appellant or the chief of police in considering the appeal. The city manager may affirm, reverse, or modify the decision of the chief of police. Notice of the city manager’s decision shall be made in writing by depositing notice of the decision in the United States mail, first class postage prepaid, to the appellant. The city manager’s decision on the appeal shall be final and may not be appealed to the city council.
(Ord. 2447)
The remedies provided under this chapter are cumulative and shall not restrict the city’s use of any other remedies to which it is entitled under either law or equity and nothing in this chapter shall preclude the imposition of any criminal penalty under state law.
(Ord. 2447)