§ 39.053 MOTOR VEHICLE EMERGENCIES.
   (A)   If the city’s Fire Department is directed by either Putnam County 911 or Kanawha County 911 to respond to an emergency on or about a motor vehicle, the City Treasurer shall assess an emergency services user fee upon the owner of such vehicle, such fee to be calculated as follows: $250 plus $75 for each Fire Department apparatus remaining on the scene of the emergency for each half-hour increment, or part thereof, after the initial hour of emergency service. The owner shall also be liable for, and the city shall have the right to recover from such owner, the cost and expense for the utilization of any specialized and disposable equipment or materials necessary to render an emergency scene safe and secure.
   (B)   The Chief of the Fire Department shall have the discretion to assess additional fees for certain other service calls including, but not limited to, rescue operations, the use of utility vehicles, boats, water rescue dive teams and hazmat response. The City Treasurer shall have plenary power and authority to enforce this section in accordance with and pursuant to W. Va. Code 8-13-13.
   (C) Within four work days after the day the city’s Fire Department responded to a motor vehicle emergency situation, including a vehicle fire, that involved one or more nonresidents of the city, the Department shall provide to the City Treasurer information demonstrating the number of vehicles or apparatus that responded and the length of time each vehicle or apparatus was at the scene, and the number of personnel who responded and the amount of time each was at the scene. Within five working days after receiving the information from the Department, the City Treasurer shall calculate the charge to be assessed and transmit the bill to the nonresident vehicle owner, or nonresident vehicle lessee if appropriate. 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, including contracting with a debt collector to collect the amount due, and proceeding against the vehicle owner or vehicle lessee in the Circuit Court of the county wherein the vehicle emergency occurred to collect the amount due and any expenses resulting from that process.
(Ord. 09-01, passed 2-17-2009)