(A) The Fire Official or the official in charge of a municipal hazardous materials response team, which responded to a hazardous materials emergency or an intentionally caused fire emergency within the territorial jurisdiction of this chapter and removed, abated or remedied the emergency, shall determine the amount of the expenses incurred by the Fire Department or response team in effecting the abatement and the identity of the person, there is reasonable cause to believe is responsible for payment of the expenses pursuant to § 41.099.
(B) Following the determinations, the Fire Official or official in charge of the response team shall issue a demand for payment upon the responsible person, which demand shall set forth the nature of the emergency, the abatement action taken and a detailed accounting of the expenses incurred by the Fire Department or response team. The demand shall set a time certain, not less than 30 days, and place to make payment and inform the person believed responsible for payment.
(C) If payment is not made within the allotted period, the demand will be referred to the city for collection. The demand shall further inform the person of the right to a bearing on the matter before the City Fire Official, provided a request for the hearing is made to the Fire Official within the time allotted for payment on the demand. A copy of the demand shall be sent to the Fire Official.
(D) If payment in full is made on the demand, the payment shall constitute an admission that the person making the payment was responsible for making it. The payment shall be reported to the Fire Official and shall relieve the city of any further responsibility for payment of the expenses of the abatement concerned. If payment is not made within the allotted period, the delinquency shall be reported to the Fire Official for further collection action.
(E) The Fire Official, upon receipt of a report of delinquency or a request for a hearing, shall schedule the hearing upon not less than ten days notice to the person to whom the demand for payment was issued and to the person requesting the hearing, if other than the person upon whom demand was made. Notice shall also be given to the Fire Official in charge of the scene at which the emergency occurred and the official in charge of any emergency response team which acted at the scene.
(F) The Fire Official shall preside at the hearing and shall give all those given notice an opportunity to be heard and provide testimony and evidence relating to the emergency, its abatement and the expenses incurred. Upon conclusion of the hearing, the Fire Official shall make a written determination whether or not a nuisance in fact occurred, whether or not the nuisance was dangerous or prejudicial to the public health, and the amount of the expenses of abatement and issue an order directing or denying payment of the expenses. Upon a determination that the nuisance existed and was dangerous or prejudicial to the public health, the order shall further provide that the expenses of abatement, if not paid, shall be a lien upon the land or premises of the responsible person where the nuisance arose and shall be collected as unpaid taxes pursuant to G.S. § 160A-193. The written determination and order shall be served on all parties to the hearing.
(G) The determination and order of the Fire Official may be appealed by any party aggrieved thereby to the Superior Court in the county by a petition for review filed not later than ten days following the date of the determination and order.
(2009 Code, § 92.076) (Ord. passed 12-9-2008)