(A) In the event the City Fire Department is directed by either Kanawha County 911 or Putnam County 911 to respond to a residence box alarm, a residence fire service call by other than a box alarm, or any other residential emergency situation outside the City Fire Service District, and there is no emergency situation in existence and the owner of the residence has not either paid the fire protection service fee nor entered into a fire service contract with the city, the city shall impose the incident response user fee to pay for the use of city personnel, equipment and materials utilized in the response; provided, that if the residence is located in a Fire Service District that is the responsibility of another fire department and there is in existence a current mutual aid agreement between the City Fire Department and that other fire department, there shall be no incident response user fee imposed on that response by the City Fire Department. The incident response user fee charged to the owner of the residence shall be calculated as follows:
(1) One hundred dollars plus $100 per hour, or part thereof, for each City Fire Department apparatus at the scene of the fire and $50 per hour, or part thereof, for each member of the City Fire Department at the scene of the fire; provided, that the time used to calculate the incident response user fee for each apparatus responding shall commence when each City Fire Department apparatus dispatch notification from either Putnam County 911 or Kanawha County 911, as appropriate, occurs and shall continue until each such City Fire Department apparatus returns to the City Fire Department facility.
(2) The city shall also recover from such owner the cost and expense for utilization of any specialized and disposable equipment or materials necessary to render the fire scene safe and secure.
(B) In the event the City Fire Department is directed by either Kanawha County 911 or Putnam County 911 to respond to a box alarm, a fire service call other than by a box alarm, or any other emergency situation at a manufacturing, commercial, professional or other business establishment located outside the city Fire Service District and there is no emergency situation in existence and the owner of the manufacturing, commercial, professional or other business establishment has not either paid the fire service protection fee nor entered into a fire service contract with the city, the city shall impose the incident response user fee to pay for the use of city personnel, equipment and materials utilized in the response; provided, that if the manufacturing, commercial, professional or other business establishment is located in a fire service district that is the responsibility of another fire department and there is in existence a current mutual aid agreement between the City Fire Department and that other fire department, there shall be no incident response user fee imposed on that response by the City Fire Department. The incident response user fee charged to the owner of the manufacturing, commercial, professional or other business establishment shall be calculated as follows.
(1) Two thousand dollars plus $500 per hour, or part thereof, for each City Fire Department apparatus at the scene of the fire and $200 per hour, or part thereof, for each member of the City Fire Department at the scene of the fire; provided, that the time used to calculate the incident response user fee shall commence for each apparatus responding when each City Fire Department apparatus dispatch notification from either Putnam County 911 or Kanawha County 911, as appropriate, occurs and shall continue until each such City Fire Department apparatus returns to the City Fire Department facility.
(2) The city shall also recover from such owner the cost and expense for utilization of any specialized and disposable equipment or materials necessary to render the fire scene safe and secure.
(C) Within four work days after the day the City Fire Department responded to a box alarm, whether for an actual fire or a false alarm, a fire service call other than by a box alarm, or any other emergency situation outside the city Fire Service District and there was not the payment of the applicable fee, an applicable fire service contract in existence nor an affirmative response by another fire department, the City Fire Department shall provide to the City Treasurer information demonstrating the number of City Fire Department apparatus that responded and the length of time each apparatus was at the scene, the number of City Fire Department personnel who responded and the amount of time each was at the scene, and the quantity of consumables used and the nature of any equipment damaged or destroyed. Within five working days after receiving the information from the City Fire Department, the City Treasurer shall calculate the charge to be assessed and transmit the bill to the property owner. The City Treasurer shall indicate on the bill the date when payment is due; provided, that the due date for payment of the bill shall be no later than 45 days subsequent to the date the bill is mailed.
(D) If the fee imposed by this section is not paid when due, the amount shall be in default and may be recovered by the city in any appropriate action. The city is authorized to contract with a debt collector to collect the amount due, to proceed against the property owner in the circuit court of the county wherein the property is located to collect the debt, and to perfect a lien upon the property served and then proceed to judgment to collect the amount due and any expenses resulting from that process.
(Ord. passed 8-18-2015; Ord. passed 10-6-2015)