(A) The Union Fire Department is hereby authorized to respond to and suppress a fire burning in violation of this chapter or to a secondary fire caused by such a fire. If the Union Fire Department reasonably responds to or suppresses any such fire, the person or persons responsible for the violation, as set forth in § 92.21, shall pay the city for all costs associated with the response and/or suppression efforts. Such persons shall be jointly and severally liable.
(B) When the city responds to or suppresses a fire set or conducted in violation of this chapter, or to a secondary fire caused by such a fire, it may do so using any lawful means, and the city or its agents may enter upon the subject property and may extinguish any fire or secondary fire. The city may also seek such judicial process as it deems necessary.
(C) No person shall obstruct, impede, or interfere with the city or its agents in the implementation of this chapter, or with any person retained or hired by the city to effect fire response or suppression efforts, or with any person who is a person in charge of the property performing any acts necessary to correct a violation.
(D) Assessment of costs.
(1) The city shall maintain a record of all expenses incurred in responding to a violation and/or suppressing a fire. The record shall include, but is not necessarily limited to, charges for labor and personal services, equipment rentals, the costs of contractors, materials expense, fuel costs, reasonable charge for use of city-owned equipment, the costs of transportation, and an additional charge of 15% of the amount of the total cost for administrative overhead.
(2) A notice of assessment of the costs shall be sent by certified mail with return receipt to the responsible party or parties. The notice shall contain:
(a) The total costs of response and/or suppression, including the administrative overhead;
(b) A statement that the costs are presently due and owning and are the personal obligation of the person or persons responsible pursuant to this chapter; and
(c) A statement that if the person or persons object to the costs, he or she may file a notice of objection with the City within 15 days of the date of the notice.
(3) Objections to the proposed assessment shall be heard and determined by the City Council, or by the City Council’s designee, without the right to further administrative review.
(4) If the costs are not paid within 60 days from the date of the issuance of the notice of costs, or if an objection was timely filed, from the date of the city’s determination of costs the total amount due shall accrue interest at the rate of 9% per annum. The city is hereby authorized to enforce this obligation by any legal means including the filing of a legal action.
(5) Any person aggrieved by a final decision of the City Council, or the Council’s designee, may appeal to the Circuit Court of the State of Oregon for Union County for judicial review of the City Council’s decision. The appeal shall be filed within 30 days from the effective date of the decision. The failure of any person to file a timely request for judicial review in accordance with the provisions of this section shall constitute a waiver of the right to judicial review, and the decision of the City Council shall then be final. There shall be no right to judicial review if the person appealing did not timely seek a hearing before the City Council, or the Council’s designee, and then thereafter pursue to conclusion the hearing.
(6) On judicial review to Circuit Court, all rules governing the form of pleadings, procedures, the taking of evidence, and such other matters as may affect the proceeding shall be governed by the Oregon Rules of Civil Procedure, the Oregon Evidence Code, and such other rules and laws applicable to proceedings in circuit court and/or as directed by the judge presiding over the proceedings.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)