EMERGENCY SERVICE COST RECOVERY
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COSTS OF THE EMERGENCY RESPONSE.
The costs incurred in responding to an emergency event, except as may be limited by a policy adopted by the governing body. Costs include labor, equipment usage, and materials associated with investigation, removal, repair, abatement, mitigation, monitoring, cleanup, analysis, collection costs and attorney fees.
EMERGENCY RESPONSE.
Any response by the fire department, entity operating at the request of the fire department, emergency medical service or any other responder as set forth in the National Incident Management System (Homeland Security Presidential Directive 5), to any call, including medical emergencies, for assistance from any person, property owner, government agency, emergency service provider, or other entity.
HAZARDOUS MATERIALS RESPONSE.
Any response to an event involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under federal or state law or regulation.
PERSON.
Any individual, partnership, corporation, limited liability corporation, association, consortium, governmental entity, or any other legal entity.
(Ord. 323, passed 6-3-13)
(A) Any owner, lessor, lessee, or operator of any property who is responsible for, or contributes to an emergency response shall be liable for the expense of the emergency response.
(B) Any registered owner, lessor, lessee, or operator of any motor vehicle, the operation of which results in an emergency response, shall be liable for the expense of the emergency response.
(C) Any public or private utility whose activities or facilities necessitated an emergency response shall be liable for the expense of the emergency response.
(D) Any person owning, maintaining or operating a railroad shall be liable for the expense of the emergency response.
(E) When an emergency response directly benefits more than one person or property, each person and/or property benefitted shall be jointly and severally liable for the payment of the expense of the emergency response. For purposes of an emergency response involving a motor vehicle, occupants other than the operator and the registered owner shall not be liable for the expense of the emergency response.
(F) Cost recovery for any hazardous materials response may be pursued in a civil action, pursuant to the Natural Resource Environmental Protection Act.
(G) Any person, whose activities or condition necessitated transportation from the city emergency medical services, shall be liable for the expense of that transportation.
(Ord. 323, passed 6-3-13)
(A) Collection recovery costs incurred by the city, including billing and collections costs, court costs, and attorney fees, shall be assessed to a responsible party who fails to remit reimbursement for the costs of the provided emergency services in accordance with the billing procedures of this chapter.
(B) Upon a determination of responsibility for an emergency response, the fire chief, or his/her designee, shall prepare and deliver an invoice of the charges imposed to the responsible party or parties for payment. The responsible party shall reimburse the city, as directed by the invoice, for the charges set forth in the invoice within 30 days. The responsible party shall be liable for any costs associated with the collection of the unpaid balance that remains after the expiration of 30 days.
(Ord. 323, passed 6-3-13)