For the purposes of this chapter:
AGGRAVATED FIRE EMERGENCY: Either:
A. A fire proximately caused by the owner or occupier of property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat, and the fire:
1. Is caused or contributed to by the failure to comply with an order from any City department or official;
2. Occurs as a direct result of a deliberate act in violation of this Code; or
3. Is caused by arson; or
B. An alarm that results in a City fire unit being dispatched and the person or entity transmitting or causing the transmission of the alarm knows, or has reasonable basis to believe at the time of said transmission, that no fire or fire related emergency exists.
AGGRAVATED MEDICAL EMERGENCY: An alarm that results in a City fire unit or an emergency medical unit being dispatched and the person or entity transmitting or causing the transmission of the alarm knows, or has reasonable basis to believe at the time of said transmission, that there are no reasonable grounds for believing that a medical emergency exists.
EXPENSES: Include, but are not limited to, the actual costs of wages for City personnel (hourly pay rates, Federal and State Payroll Taxes, and workers' compensation benefits), costs for equipment use and operation expenses, materials costs, disposal costs, contract labor and materials expenses, and administrative overhead.
HAZARDOUS MATERIALS EMERGENCY: A sudden or unexpected release of any substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment and requires immediate action to mitigate the threat.
NONEMERGENCY SITUATION: Includes, but is not limited to, alcohol intoxication, minor lacerations, minor contusions and sprains, minor illness, insect and animal bites not deemed emergencies, rashes, skin disorders, hives without difficulty breathing, patients seeking nonemergency transportation, forehead and scalp lacerations only, cold syndrome, sore throat, earache, hiccups, cough, nervousness, anxiety, toothache, minor bruises, nonlife threatening overdoses and nonlife threatening self-inflicted injuries.
RESPONSIBLE PARTY: Any person, corporation, partnership, or other entity (or any combination thereof), determined by the City pursuant to this chapter to have caused an aggravated fire emergency, aggravated medical emergency, hazardous materials emergency, or nonemergency situation. (Ord. 17-25)
A. Recovery Authorization And Procedure: The City is authorized to recover expenses incurred during the City's response to an aggravated fire emergency, aggravated medical emergency, hazardous materials emergency, or nonemergency situation from any responsible party that the City has reasonable grounds to believe caused such an emergency according to the following procedure:
1. The City's Fire Chief shall:
a. Determine the responsible party for the City's response to an aggravated fire emergency, aggravated medical emergency, hazardous materials emergency, or nonemergency situation based upon a reasonable review of the evidence and reports associated with the aggravated fire emergency, aggravated medical emergency, hazardous materials emergency, or nonemergency situation; and
b. Notify the responsible party by mail of the City Fire Chief's determination and the expenses to be recovered by the City.
2. The notice shall direct the responsible party to either:
a. Pay the expenses detailed in the notice within thirty (30) days of the date of the notice; or
b. Appeal the City Fire Chief's determination in writing to the Mayor within thirty (30) days of the date of the notice.
3. In the event the responsible party appeals the determination, the Mayor shall hold a hearing to consider any issues raised by the appeal, at which hearing the responsible party and the City shall be entitled to present evidence in support of their respective positions.
4. After the hearing, the Mayor shall within thirty (30) days send findings of fact and a written decision on the appeal to the responsible party. The Mayor's decision shall only be appealable by filing an action in a court of competent jurisdiction.
B. No Admission Of Liability: The payment of expenses by the responsible party under this chapter does not constitute:
1. An admission of liability or negligence in any legal proceedings brought by third parties; or
2. An admission of criminal intent.
C. Action To Recover Expenses: In the event the responsible party fails to make payment to the City within the later to occur of: 1) thirty (30) days after the date of the notice; or 2) thirty (30) days after a final decision by the Mayor regarding an appeal, the City may initiate legal action to recover the expenses from the responsible party, including reasonable attorney fees and court costs.
D. Equipment Usage Rates: The Mayor shall determine the appropriate rates charged to responsible parties for the equipment usage component of expenses pursuant to this chapter. Such rates shall be in amounts reasonably necessary to defray costs, set forth in a written schedule available for public inspection at the City Fire Department and the City Recorder's Office. (Ord. 17-25)