A. Actions For Civil Penalties Or Cost Recovery: Any person who, in violation of section 6-2-1 of this chapter, knowingly causes a fire that results in a response by the fire department or any other instrumentality of the city, shall be subject to either an action for civil penalties or a cost recovery action, at the sole discretion of the city.
B. Action For Civil Penalties: In the event the city determines to pursue an action for civil penalties in lieu of a cost recovery action, the city shall comply with the following procedure:
1. Notice Of Civil Infraction; Form: A notice of civil infraction must be issued on a form prescribed by the city police department and must contain the following:
a. The location where the violation occurred;
b. The date and time of the violation;
c. The signature of the person who issues the notice of civil infraction;
d. The section of the city code which is allegedly being violated;
e. Information which advises of the manner in which, and the time within which, the notice of civil infraction must be answered; and
f. Any other information which is prescribed by the police department.
2. Notice Of Civil Infraction; Duties Of Respondent:
a. A person who responds to a notice of civil infraction must either:
(1) "Admit" the commission of the infraction and pay the appropriate civil fine; or
(2) "Deny" liability for the infraction.
b. A person may "admit" pursuant to subsection B2a(1) of this section by paying the civil penalty, in an amount determined by the city in accordance with this section, to the municipal court.
c. A person may "deny" liability pursuant to subsection B2a(2) of this section only by appearing in person before the municipal court.
C. Commencement Of Action To Recover Civil Penalties; Procedure: In the event a person denies liability in accordance with subsection B2a(2) of this section, the city may commence a civil action to recover the civil penalties described in this section in the municipal court by the filing of a complaint and by issuing an appropriate summons with respect thereto. Service of the complaint and summons on the defendant shall be made by certified mail, return receipt requested, addressed to the defendant at his or her last known address or in any other matter which is authorized by law, and shall thereupon be deemed complete. To the extent not inconsistent with this chapter, an action to recover civil penalties shall be governed by rules 1 and 3 through 87 of the justice court rules of procedures, except that there shall be no right of trial by jury.
D. Schedule Of Civil Fines: The amount of any civil penalties imposed upon a person for violating section 6-2-1 of this chapter shall be in accordance with any appropriate schedule of fees pertaining to costs incurred by the city in responding to emergencies that is adopted by city by resolution, in an amount not to exceed one thousand dollars ($1,000.00) per fire, or, in the event no such schedule of fees has been adopted by the city, the amount of the civil penalties imposed under this subsection shall be determined as follows:
1. For each fire not resulting in personal injuries or property damage in excess of five hundred dollars ($500.00), the civil penalty shall be five hundred dollars ($500.00).
2. For each fire that results in personal injuries or property damage in excess of five hundred dollars ($500.00), the civil penalty shall be one thousand dollars ($1,000.00).
E. Cost Recovery Action: In lieu of an action to recover civil penalties, the city may, at its sole and exclusive discretion, pursue a cost recovery action against any person determined by the city to have violated section 6-2-1 of this chapter, subject to the following:
1. The cost recovery action may be commenced in any court of competent jurisdiction;
2. The relief requested in the cost recovery action shall include all costs incurred by the city as a result of the alleged violation;
3. The city shall be entitled to recover from the defendant all reasonable costs incurred in relation to the city's response to the fire, together with any damages done to city property; provided, that there shall be a conclusive presumption that the amount of any such costs or damages;
4. If, in a cost recovery action, the court awards the city any or all of the relief requested in the city's complaint, the city shall recover from the defendant all reasonable attorney fees and costs of suit. (Ord. 587, 6-25-2002)