The city is hereby empowered to recover expenses incurred by virtue of the city's, county's or other local governmental agencies' response to a hazardous materials emergency or aggravated fire emergency from any person, corporation, partnership or other individual or entity whose negligent or intentional act caused such an emergency, pursuant to the following procedure:
A. The Weber County sheriff's department and/or the Weber fire district shall investigate and submit a report of the findings to the Farr West City mayor. The mayor shall, based upon the report of findings and other available evidence and information, determine responsibility for the emergency or response as defined above and notify the responsible party by mail of the department's determination of responsibility and the expenses to be recovered.
B. The notice shall specify that the determined responsible party may appeal the mayor's decision to the Farr West City council, who may hear the appeal or designate a hearing officer to hear the appeal. Any appeal shall be filed in writing with the Farr West City recorder not more than thirty (30) days from the date of service of the notice. The date of service of notice shall be the date of personal service or three (3) days after the date of mailing.
C. In the event the determined responsible party appeals the determination, the city council or designated hearing officer shall hold a hearing to consider any issues raised in the appeal, at which hearing the appealing party and the sheriff's department, the Weber County fire district, and/or other local government shall be entitled to present evidence in support of their respective positions.
D. After the hearing, the city council or hearing officer shall make a recommendation to the mayor who shall issue a final decision determining responsibility and assessing expenses. The mayor may adopt, modify, or remand the recommendation of the hearing officer or city council for further proceedings. The mayor may, in his or her sole discretion, hear additional evidence prior to issuing a final decision. (Ord. 02-10 § 1)