As used in this chapter, the following words and terms shall have the following meanings:
ENFORCEMENT OFFICIAL: The Fire Chief or the Fire Chief's Designated Representative.
EXPENSES: The actual labor costs of government and volunteer personnel including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor, equipment or materials, and the similar cost incurred by the City or any assisting agency.
FALSE FIRE ALARM: The activation of any monitored fire alarm system which results in a response by the fire department and which is caused by the negligence or intentional misuse of the system or any other activation of a system not caused by heat, smoke, fire, or water flow.
FIRE ALARM SYSTEM: A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of a fire alarm, suppression system, activation, or signal initiating devices that initiate a response.
NEGLIGENTLY CAUSED FIRE EMERGENCY: A fire caused by the negligence of any person which presents a direct and immediate threat to property or public safety and requires immediate action to mitigate the threat.
NUISANCE FIRE ALARM: The activation of any monitored fire alarm system, which results in a response by the fire department, caused by mechanical failure, lack of proper maintenance, malfunction, improper installation, or any other response for which emergency officials cannot determine the cause of the alarm.
OWNER: Any person who owns the premises in which a fire alarm system is installed. If premises are leased to a third party, owner means both the owner of the property and the tenant.
PREMISES: Any building, structure, or combination of building and structures where a fire alarm system is installed that is not a single-family or two-family residential building.
RESPONSE: The dispatch of any officer or member of the fire department to a premises where a fire alarm system has been activated.
(Ord. 2023-63, 11-14-2023)
A. The City is hereby empowered to recover expenses from any person whose negligent act caused the City to incur expenses directly associated with responding to a negligently caused fire emergency. These expenses may be collected in accordance with the following procedures:
1. The City shall determine responsibility for the emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the City's determination of responsibility and the expenses to be recovered.
2. The notice shall specify that the determined responsible party may appeal the City's decision to the Mayor, who may designate a hearing officer to hear the appeal. Any appeal shall be filed, in writing, with the City Recorder's office not more than thirty (30) days from the date of service of notice. The date of service of notice shall be the date of personal delivery or three (3) days after the date of mailing, as applicable.
3. In the event the determined responsible party appeals the determination, the hearing officer shall hold a hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions.
4. The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a final decision assessing responsibility and expenses.
B. The payment of expenses determined owing under this section does not constitute an admission of liability or negligence in any legal action for damages.
C. In the event any person determined to be responsible for the repayment of negligently caused fire emergency expenses fails to make payment to the City within thirty (30) days after a final determination of any appeal to the Mayor, or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City may initiate legal action to recover from the determined responsible party the expenses determined to be owing, including the City's reasonable attorney fees and costs of such recovery.
(Ord. 2023-63, 11-14-2023)
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