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7-3-1 - Purpose.#
This Chapter shall provide procedures for recovering costs incurred by the City or other local governmental agencies for assistance rendered in responding to hazardous materials emergencies, aggravated fire emergencies and aggravated emergency medical responses.
7-3-2 - Definitions.#
As used in this Chapter:
Aggravated Fire Emergency means: a.
A fire caused by the owner or occupier of property or a structure, which presents a threat to public safety and requires action to mitigate the threat, and the fire is caused or contributed to by the failure to comply with an order from any State, County, or local agency, department or official; or occurs as a result of a deliberate act or in violation of State law or the ordinances or regulations of the City or other local agency; or
b.
A fire that constitutes arson or reckless burning as defined by the Utah Code; or
c.
An alarm that results in a City or other fire unit being dispatched, and the person transmitting, or causing the transmission of the alarm, knew or should have known at the time of said transmission that no fire or fire related emergency exists.
Aggravated Medical Emergency means an alarm that results in a City or other fire unit or emergency medical unit being dispatched, and the person transmitting, or causing the transmission of the alarm, knew or should have known at the time of said transmission that there was no reasonable grounds for believing that a medical emergency exists.
Expenses means the actual costs of City or other local government and volunteer personnel, including worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, cost of equipment operation, cost of materials, costs of disposal and the cost of any contract labor and materials including injury or damage to persons and/or property.
Hazardous Materials Emergency means a sudden or unexpected release of any substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, presents a threat to public safety or the environment and requires action to mitigate the threat.
7-3-3 - Recovery Authorization.#
The City is hereby empowered to recover expenses incurred by virtue of the City's or other local governmental agencies' response to a hazardous materials emergency, aggravated fire emergency or an aggravated medical emergency from any person, corporation, partnership or other individual or entity who caused such an emergency by any and all legal means available.
7-3-4 - Action to Recover Expenses.#
In the event the party or parties responsible for repayment of expenses incurred due to the City's or other local agencies' response to such an emergency fail to make payment to the City within thirty (30) days after demand, the City may initiate legal action to recover from the determined responsible party the expenses determined to be owing, including the City's reasonable attorney's fees and costs.