(A) Any failure by the responsible person to pay the itemized emergency response costs as required by a court order under § 93.05(C) or, if the court has denied such an order, within 30 days of service of the village billing in accordance with § 93.06 shall be considered a default. In case of default, the village may commence a civil suit to recover the unpaid costs and expenses of an emergency response allowed by law.
(B) Additionally, as part of the sentence for a conviction of the violations enumerated in § 93.05(A), if the person convicted is placed on probation or paroled, any reimbursement ordered under § 93.05 shall be a condition of that probation or parole. The court may revoke probation and the parole board may revoke parole if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole, the court or parole board shall consider the person's employment status, earning ability, number of dependents, and financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay. Notwithstanding any other provision of this section, a person shall not be imprisoned, jailed, or incarcerated for a violation of parole or probation, or otherwise, for failure to make a reimbursement as ordered under this section unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
(Ord. 2.17, passed 9-14-92; Am. Ord. 2.20, passed 11-28-94; Am. Ord. 2.31, passed 3-14-05)