As used in this chapter:
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 and materials.
NEGLIGENTLY CAUSED FIRE EMERGENCY: A fire proximately caused by the negligence of an owner or occupier of property and/or structures which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat. (Ord. 27-90 § 1, 1990)
The city is empowered to recover from any person, corporation, partnership or other individual or entity whose negligent actions cause fire emergency expenses incurred by city agencies directly associated with a response to a fire emergency pursuant to the following procedure:
A. The city shall determine responsibility for the emergency and notify the responsible party by mail of the city's determination of responsibility and the costs to be recovered.
B. The notice shall specify that the party determined responsible may appeal the city's decision before a hearing officer designated by the mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than fifteen (15) days from the date of the notice.
C. In the event the party determined responsible appeals the determination, the hearing officer shall hold a public 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.
D. The hearing officer shall, after the hearing, make a recommendation to the mayor, who shall issue a decision assessing responsibility and costs. (Ord. 27-90 § 1, 1990)
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