(a) The City may recover all assessable costs in connection with extraordinary response situations from any or all responsible parties, jointly or separately. The City may recover all assessable costs in connection with extraordinary use of municipal personnel from the person, entity or organization necessitating the extraordinary services. For all other extraordinary response situations, the City Manager, or his or her designee, shall determine the total assessable costs and shall, in consultation with other City personnel involved in responding to an extraordinary response situation, determine whether to assess all or part of such costs against any of the responsible parties, in making such a determination, the following will be considered:
(1) The total assessable costs;
(2) The risk that the extraordinary response situation imposed on the City residents and their property;
(3) Whether there was any injury or damage to person or property;
(4) Whether the extraordinary response situation required evacuation;
(5) The extent the extraordinary response situation required an unusual or extraordinary use of municipal personnel and equipment; and
(6) Whether there was any damage to the environment;
(7) The City Council shall set from time to time a schedule of fees associated with the cost of emergency response related to this section. Potential assessable costs include those listed in the schedule of fees, but are not limited to those costs identified on the schedule of fees.
(b) After consideration of the above listed factors, the City Manager may allocate assessable costs among responsible parties, including allocating all or some of such costs jointly and severally against all parties, rather than one responsible party, regardless of whether a responsible party has legal liability therefore or is legally at fault. If the City Manager determines not to assess all or part of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to other parties.
(Res. 2012-132A. Passed 5-7-12. Eff. 5-16-12.)