Sec. 4-4.06. Amendments to the 2022 California Fire Code (CFC) and 2021 International Fire Code (IFC).

(1) Fire suppression, investigation and rescue or emergency medical costs shall be recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.

(i) The date, time and place of the hearing to be held on the claim for reimbursement with a statement describing the rights of the person or entity charged and the procedures for presenting evidence at said hearing; and

(ii) The Chief's account of the sum claimed to be due.

(2) Any person or entity who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of responding, securing and investigating such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the Fire Department for responding to, securing, or investigating such an emergency situation shall constitute a debt of the person or entity responsible and shall be subject to collection by the City in the same manner as an obligation under contract, expressed or implied.

(3) The expense of responding to, securing and investigating any emergency or hazard which is the result of a violation of this Code or any other code, ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions by the Fire Department shall be a charge against the person(s) or entity whose violation caused the emergency and/or damage. Damages caused by such emergency or action may constitute a debt of such person(s) or entity responsible and shall be collectible as provided below:

(i) Liability for hazardous activities and conditions. The Chief may also impose the reasonable cost of fire prevention, fire suppression, incident investigation and protection of the public

from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

(A) The manufacture, transportation, storage, handling, or spilling, of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents as defined in this Code; and

(B) The failure to correct a hazardous condition for which a "Notice of Violation," or equivalent notice, has been previously given by the Chief; and

(D) Permitting or causing the accumulation of hazardous or flammable materials on property; and

(E) Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation; and

(F) The possession of, or causing illegal fireworks, explosive devices or destructive devices to ignite, explode or detonate; and

(G) Creating, allowing, or maintaining a hazard as stated in California Fire Code Section 112.2.

(ii) Determination of costs. Whenever the Chief determines that the fire department or other public agency has incurred costs for fire suppression, fire prevention, or protection of the public from a fire or other hazardous condition that results from the activities or conditions described in subsection (a), the Chief shall:

(A) Calculate the costs incurred;

(B) Identify the person(s) or entity to be charged for those costs; and

(iii) Method of calculation. In determining costs to be charged a responsible person or entity, the Chief shall include all necessary expenditures to correct the hazardous condition or extinguish the fire, including, but not limited to the following:

(A) The cost of personnel;

(B) The cost of extinguishing agents;

(D) The cost incurred for the use of any private contractors to mitigate or remove the hazard or condition; and

(E) Any and all administrative costs incurred pursuant to the fee schedule as set by resolution duly adopted by the City Council.

(iv) Reimbursement hearing. The City Clerk shall, thereupon, set the report and account received by the Chief for hearing before the City Council at a regular or adjourned regular meeting to be held at least fourteen (14) calendar days after the date the Clerk mails the notice to the responsible person(s) or entity. The City Clerk shall send by regular mail a notice of said hearing to the person or entity to be charged at the person's or entity's address as shown on the latest equalized tax assessor's roll, or as otherwise known to the City.

(v) Notice to person charged. The notice sent by the City Clerk to the responsible person(s) or entity shall contain:

(A) The name of the person(s) or entity sought to be charged;

(B) The location, date and time of the incident upon which the claim for reimbursement is based;

(vi) Procedure for hearing before the City Council. At the hearing on the Chief's accounting of the costs and other evidence upon which reimbursement is sought, the City Council shall hear and consider evidence by the person or entity against which reimbursement is sought. The City Council shall thereafter confirm or disallow the account, all or in part, and set forth in a resolution the amount of the account confirmed, if any. Thereafter, any amount confirmed by resolution of the City Council shall become a debt owing to the City of Ontario and shall be collectible by the City in the same manner as in the case of an obligation under contract expressed or implied.

(b) Service fees.

(1) Permit fees. Any person, establishment, business, occupancy, or process requiring any permit or utilizing any special service or activity performed by or under the direction of the Fire Department shall compensate the City for the cost of such service or activity, in accordance with the adopted fee and charge schedule and any departmental policy.

(2) Service fee refunds. The Fire Chief is authorized to refund any fee paid hereunder which is determined to be erroneously paid or collected.

(i) The Fire Chief is authorized to refund eighty percent (80%) of the service fee paid when the permittee has performed no work nor commenced an operation for which a permit was issued in accordance with this chapter.

(ii) The Fire Chief is authorized to refund eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is completed.

(iii) The Fire Chief shall not authorize the refund of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date the fee was paid. Such written application shall state the reasons for the refund request and be accompanied with a receipt of payment.