The text
4-6-1: - PURPOSE:#
This chapter shall provide procedures for recovering cost incurred by the city for city assistance rendered in responding to hazardous materials emergencies, aggravated fire emergencies and aggravated medical emergencies pursuant to 53-2-105, Utah Code Annotated.
(Ord. 637, 9-21-2004)
4-6-2: - DEFINITIONS:#
As used in this chapter, the following terms shall have the meanings designated:
AGGRAVATED FIRE EMERGENCY: A.
A fire proximately caused by the owner or occupier of the property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat, and the fire.
1.
Is caused or contributed to by the failure to comply with an order from state, county or local agency, department or official; or
2.
Occurs as a direct result of a deliberate act in violation of state law or the ordinances or regulations of the county or other local agency.
B.
A fire that constitutes arson or reckless burning as defined by the Utah code.
AGGRAVATED MEDICAL EMERGENCY: An alarm that results in a county and/or other authorized local authority or an emergency medical unit being dispatched, and the person transmitting, or causing the transmission of the alarm, knows at the time of said transmission there are no reasonable grounds for believing that a medical emergency exists.
EXPENSES: The actual labor cost 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.
FALSE FIRE ALARMS: An alarm that results due to a malfunction or lack of maintenance, which requires an emergency response of fire personnel. "Excessive" false fire alarm calls is defined as more than two (2) within a thirty (30) day period.
HAZARDOUS MATERIALS EMERGENCY: A sudden and 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.
(Ord. 637, 9-21-2004; amd. Ord. 887, 4-18-2017)
4-6-3: - RECOVERY AUTHORIZATION AND PROCEDURE:#
The city is hereby empowered to recover from any person, corporation, partnership or other entity who causes the city or any assisting agency to incur any expenses associated with responding to a hazardous material emergency, aggravated fire emergency or an aggravated medical emergency. These expenses may be collected in accordance with the following procedures: A.
The Riverdale fire chief shall determine responsibility for the hazardous materials emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the city's determination of responsibility and the costs to be recovered.
B.
The notice shall specify that the party determined to be responsible may appeal the Riverdale City fire chief's decision to the city administrator. Any appeal shall be filed, in writing, with the city recorder's office not more than thirty (30) days from the date of service notice. The date of service notice shall be the date of the personal delivery or three (3) days after the date of mailing.
C.
In the event the party determined to be responsible appeals the fire chief's notice, the city administrator shall hold a hearing to consider any issues raised by the appeal. At the hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions. The city administrator shall issue a final decision assessing responsibility and expenses.
(Ord. 637, 9-21-2004)
4-6-4: - NO ADMISSION OF LIABILITY:#
The payment of expenses determined owing under this chapter does not constitute a criminal fine or an admission of liability or negligence in any legal action for damages.
(Ord. 637, 9-21-2004)
4-6-5: - ACTION TO RECOVER COSTS:#
In the event any person determined to be responsible for the repayment of hazardous material emergency expenses, aggravated fire expenses or aggravated emergency medical expenses fails to make payment to the city within thirty (30) days after a final determination of any appeal to the city administrator, or thirty (30) days from the deadline for the approval in the event no appeal is filed, 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 fees and the cost of such recovery.
(Ord. 637, 9-21-2004)
4-6-6: - EXCESSIVE FALSE FIRE ALARM PENALTY:#
"Excessive" false fire alarm calls are prohibited. Excessive false fire alarm calls will be assessed to the business/residence under the direction of the fire chief, at a recovery rate of forty-eight dollars ($48.00) per fifteen (15) minute increment for each occurrence.
(Ord. 887, 4-18-2017)