(A) The city may recover all of its assessable costs incurred in connection with any emergency assistance provided within its boundaries from any or all responsible parties jointly and severally.
(B) The City Manager or, in his or her absence, a Council member or city officer designated by the Council as its representative in this manner (Council’s designee) shall determine the city’s total assessable costs and shall in consultation with other members of the city personnel involved in responding to the emergency incidents determine whether to assess any, all, or part of the costs against any of the responsible parties. In making the determinations, the following shall be considered:
(1) Total assessable costs;
(2) Any risk the incident imposed on the city, its residents, and their property;
(3) The risk of injury or damage to persons or property;
(4) Any evacuation required because of the incident;
(5) Any unusual or extraordinary use of city personnel or equipment; and/or
(6) Any damage to the environment.
(C) After the consideration of the factors listed in division (B) immediately above, the City Manager or the Council’s designee may allocate assessable costs among and between responsible parties, including allocating all or some of the costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability or is legally at fault.
(D) Whether the City Manager or the Council’s designee determines to assess all, part, or none of the assessable costs against a responsible party, the determination shall not in any way limit or extinguish the liability of the responsible party to the city or any other person, corporation, partnership, government entity, or any other entity.
(Ord. 08-2006, passed 9-18-2006)