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Recovery Authorization and Procedure.

(1) This City is hereby empowered to recover expenses from any person or business whose intentional or negligent act caused the City and/or assisting agencies to incur any undue expenses directly associated with responding to an intentionally or negligently caused fire, rescue or hazardous materials emergency. These expenses shall be collected as follows:

a. The City shall determine responsibility for the emergency and notify the responsible party in person or by mail of the City’s determination of responsibility and the expenses to be recovered.

b. The notice shall specify that the determined responsible party may appeal the City’s determination, in writing, to the City Manager, who may designate a committee to hear the appeal as follows:

i. The committee shall consist of one city council member, one business representative, and one citizen; and

ii. The committee shall be chaired by a hearing officer who shall conduct the appeal process but who shall not participate in the recommendation.

c. Any appeal must be filed, in writing, with the City Manager not more than fifteen (15) days from the date the notice was received by the determined responsible party.

d. Following the hearing, the committee shall make a recommendation to the City Manager, who shall issue a final decision assessing responsibility and expenses.

(2) Payment Does Not Admit Liability.

a. The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages.

(3) Action to Recover Expenses.

a. Subsequent to a final decision of the City Manager, pursuant to this Section, and upon certification of expenses by the Fire Chief to the City Manager, the City Manager may authorize the Finance Director to recover the expenses directly associated with responding to a fire/hazardous materials emergency from those persons determined by the City Manager to have directly or indirectly caused the emergency expenses.

b. In the event the person(s) determined to be responsible for the payment of intentional or negligently caused fire/hazardous materials emergency expenses fail(s) to make payment to the City and/or assisting agencies within thirty (30) days after a determination of any appeal to the City Manager, or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City and/or assisting agency may initiate legal action to recover from the determined responsible person(s) the expenses determined to be owing, including the reasonable attorney’s fees and costs of such recovery.

(Ord. No. 90-31 Enacted 07/30/1990; Ord. No. 91-32 Amended 01/01/1992; Ord. No. 93-15 Amended 03/19/1993; Ord. No. 02-22 Amended 04/02/2002)