CHAPTER 8: - RECOVERY OF AGGRAVATED EMERGENCY COSTS

4-8-1: - Purpose#

This chapter establishes procedures to recover costs incurred by the city in responding to hazardous materials emergencies, aggravated fire emergencies and aggravated medical responses.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-2: - Definitions#

AGGRAVATED FIRE EMERGENCY: A fire proximately caused by the owner or occupier of property or a structure, which presents a direct and immediate threat to public safety and requires immediate attention to mitigate the threat and fire, and

A.

Is caused by or contributed to by the failure to comply with a lawful order from any state, county or local agency, department official; or

B.

Occurs as a result of any deliberate act in violation of state or local law, or ordinance or regulation; or

C.

Is a fire that constitutes arson or reckless burning as defined by Utah code; or

D.

Is an alarm that results in a city fire unit being dispatched, and the person transmitting or causing the transmission of the alarm knows at the time of said transmission that no fire or related fire emergency exists.

AGGRAVATED MEDICAL EMERGENCY: An alarm that results in a city fire unit or city emergency medical unit being dispatched, and the person transmitting or causing the transmission of the alarm knows at the time of said transmission that there is no reasonable grounds for believing that a medical emergency exists.

CITY: Honeyville City, Utah.

EXPENSE: The actual costs of the city and costs of volunteer personnel incurred by the city including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, cost of equipment operations, cost of materials, cost of disposal, and cost of any contract labor and materials.

HAZARDOUS MATERIALS EMERGENCY: A sudden or unexpected release of any substance that, because of its quantity, concentration, or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment and requires immediate action to mitigate the threat.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-3: - Recovery authorization and procedures#

A.

The city is hereby empowered to recover its expenses incurred by virtue of the city's response to hazardous materials emergencies, aggravated fire emergencies, or aggravated medical emergencies from any and all persons, corporations, partnerships, individuals, or other entities who caused such an emergency, pursuant to the following procedure:

1.

The city council of Honeyville City, or a committee or commission appointed by the city council, shall determine responsibility for the emergency or response as defined above and notify the responsible party by mail of the council's, committee's, or commission's determination of responsibility and expenses to be recovered.

2.

In the event the billed party or parties fails to submit fees, a commercial billing organization may be used as determined by the city council.

3.

The notice shall specify that the determined responsible party or parties may appeal the council's, committee's, or commission's decision to a hearing before the full city council and establish a date by which the notice of appeal shall be filed. The appeal date shall be no more than fifteen (15) days from the date of the notice.

B.

In the event the determined responsible party or parties appeals the determination, the city council shall hold a hearing to consider any issues raised by the appeal; at which hearing, the appealing party or parties and the involved department or agency shall be entitled to present evidence in support of their respective positions.

C.

After the hearing, the city council shall then issue a decision determining responsibility and assessing expenses.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-4: - No admission of liability#

A.

The payment of expenses determined owing under this chapter does not constitute the following:

1.

An admission of liability or negligence in a legal action for damages; or

2.

A criminal fine.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-5: - Action to recover expenses#

In the event the party or parties determined to be responsible for the repayment of expenses fails to make full payment to the city within thirty (30) days after a final determination of any appeal to the city, or within thirty (30) days from the deadline for appeal in the event no appeal is filed, the city may initiate legal action to recover from the determined responsible party or parties the expenses determined to be owing including the city's reasonable attorney fees.

(Adopted by Ord. 2002-02 on 12/11/2002)