§ 91.16 COST RECOVERY AUTHORIZATION AND PROCEDURE.
   (A)   The jurisdiction may recover all assessable costs in connection with a public safety or fire emergency incident from any or all responsible parties jointly or severally.
   (B)   The Public Safety Official or their designee shall determine the total assessable costs and shall in consultation with other jurisdiction personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following may be considered:
      (1)   The total assessable costs;
      (2)   The risk the public safety or fire emergency incident imposed on the jurisdiction, its residents and their property;
      (3)   Whether there was any damage to person or property;
      (4)   Whether the public safety or fire emergency incident required evacuation;
      (5)   The extent the public safety or fire emergency incident required an unusual or extraordinary use of jurisdiction personnel and equipment; and
      (6)   Whether there was any damage to the environment.
   (C)   After consideration of the factors stated above, the Public Safety Official may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly or severally against more than one responsible party regardless of whether a responsible party has other legal liability therefore, or is legally at fault.
   (D)   If the Public Safety Official determines not to assess all or part of the assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to the jurisdiction.(Ord. 43, passed 4-14-03) Penalty, see § 10.99