(A) The village may recover all assessable costs in connection with a public safety or fire emergency incident from any or all responsible parties, jointly or severally.
(B) The Fire Chief, Village Official or their designee (hereafter “Public Safety Official”) shall determine the total assessable costs (in amounts as established by resolution or the Board) and shall in consultation with other village personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following may be considered:
(1) The total assessable costs;
(2) The risk the public safety or fire emergency incident imposed on the village, its residents and their property;
(3) Whether there was any injury or damage to person or property;
(4) Whether the public safety or fire emergency incident required an unusual or extraordinary use of village personnel and equipment; and
(5) Whether there was any damage to the environment.
(C) After consideration of the factors stated above, the Public Safety Official may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party, regardless of whether a responsible party has other legal liability therefor, or is legally at fault.
(D) If the Public Safety Official determines not to assess all or part of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to the village.
(Ord. 2009-01, passed - -2009)