(A) The cost of an emergency response shall be a charge against the person or persons deemed liable for the expenses of an emergency response. Such charge constitutes a debt of that person or persons and is collectible by the city in the same manner as in the case of an obligation under an express or implied contract. The city may, within 30 days of receiving all or part of the itemized costs incurred by the city (or other jurisdiction providing mutual aid to the city) for an emergency response, submit a bill for these costs by first class mail or personal service to the person or persons liable for the expenses as enumerated under this subchapter.
(B) Any person receiving such a bill shall have the opportunity to appeal all or any portion of the amount shown on such statement by filing a written request for same with the City Clerk within 30 days of receipt of an invoice from the city. The following individuals shall sit as the review board for purposes of this section: the City Manager, Director of Public Services, Fire Chief, a member of City Council, and a member of the general public nominated by the Mayor and approved by City Council. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. The review board shall hear such appeals. If the review board fails to determine by a preponderance of the evidence that the appellant was properly charged for any item, the review board may waive the charge for such item against the appellant. The findings and decisions of the review board shall be in writing and filed with the City Clerk and Finance Department. If no written request for appeal is received within the specified time, the city may proceed in accordance with applicable laws and ordinances to collect any monies remaining unpaid at the expiration of 30 days from billing.
(C) Any failure by any person or entity to either pay the bill within 30 days of service, or file an appeal as set forth in division (B), above, shall be considered to be a civil default, and the city may commence a civil suit against such person or entity to recover the billed expenses of an emergency response, plus the city's attorney fees, court costs, litigation expenses and all other costs allowed by law. The recovery of costs of an emergency response under this subchapter is a separate civil liability of any person liable for the emergency response, and is separate from and in addition to any criminal proceedings that may be brought against the person or persons.
(D) In addition, the city shall have any other remedy available to the city by law, including but not limited to requesting the City Attorney to file a civil action for the recovery of costs.
(Ord. 2011-1, passed 2-8-2011)