The purpose of this chapter is to assist the city in defraying the cost of police personnel and equipment responding when a person, under the influence of an alcoholic beverage, drug, or combined influence of an alcoholic beverage or any drug, proximately causes an incident by the negligent operation of a motor vehicle, vessel or aircraft, resulting in an appropriate emergency response.
(Ord. 2484 § 1, 2011)
"Ambulance company"
means any paramedic company contracted by the city.
"Appellant"
means a responsible person or parents or guardian of a responsible person, if he or she is a minor, who has submitted a valid and timely request for hearing to contest an emergency cost charge issued pursuant to the provisions of this chapter. "Driving under the influence" or "DUI" shall have the same meaning as California Vehicle Code 23152.
"Emergency response"
means an incident that requires police and/or fire personnel and equipment response beyond that which is required for a mere traffic stop leading to an arrest.
"Extenuating circumstance"
includes, but is not limited to, the following circumstances: financial hardship; a legitimate police department error in the amount owed; a legitimate data processing error.
"Incident"
means an event involving any person who is under the influence, whose negligent operation of a motor vehicle due to the influence, proximately causes an event requiring an emergency response as defined herein.
"Motor vehicle"
shall include any vehicle that is self propelled, including, but not limited to, automobiles, vessels or aircraft. "Motor vehicle" shall not include a self propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
"Parents or guardian"
means a parent with legal custody, guardian, conservator, or relative caregiver of the minor. "Relative caregiver" means a relative, as defined in Section 6550(i) of the California Family Code, who assumed primary responsibility for the minor while the child was in the relative's care and control, and who is not a biological or adoptive parent.
"Person under the influence"
shall have the same meaning as California Vehicle Code Section 23152.
"Police chief"
shall have the same meaning as Section 1.08.280 of this code, or designee.
"Responsible person"
shall mean the person who was under the influence of an alcoholic beverage or any drug, or combined influence of an alcoholic beverage or any drug, and who proximately caused an incident by the negligent operation of a motor vehicle, vessel or aircraft, resulting in an appropriate emergency response.
(Ord. 2484 § 1, 2011; Ord. 2497 § 1, 2012)
Emergency response costs, as outlined in Section 3.60.040, shall be recoverable whenever police and/or fire personnel and equipment respond to an incident. Emergency response costs may be recovered up to the maximum dollar amount set by Government Code Section 53155.
(Ord. 2484 § 1, 2011)
Calculation of the amount due for an emergency response shall include all actual costs incurred by the city in responding to the incident, including salary, benefits and overhead as established by resolution of the city council, for each member of the police department responding to the incident, the cost of equipment on scene, and the cost of repairing or replacing equipment damaged at the scene. The cost recovery amount shall also include the cost of obtaining medical assistance, removing vehicles investigating the cause of the incident, conducting field sobriety tests, arrest and detention of the suspect, time spent traveling to and from the scene, transporting the suspect, booking the suspect, conducting chemical tests, writing customary reports, and any follow-up investigation needed to complete reports.
(Ord. 2484 § 1, 2011)
Time spent by responding personnel on activities that are not customarily required as a consequence of investigating and mitigating an incident is not eligible for reimbursement. Recoverable costs are restricted to those directly arising because of a response to a particular incident. Thus, salary costs incurred after a subject is booked are not recoverable as expenses of an emergency response. Additionally, the cost of an officer's time testifying against a DUI defendant arises from a decision to prosecute the defendant and thus is not recoverable under Section 3.60.040. Further, charges assessed by an ambulance company are also not recoverable.
(Ord. 2484 § 1, 2011)
A. 
The police chief shall calculate the charges payable under this section and shall cause a bill to be prepared within fifteen days of the incident. The bill will be sent to the responsible person's address that is listed with the Department of Motor Vehicles and transmitted through certified mail, return receipt requested.
B. 
If the responsible person is a minor, then the parents or guardians of such minor shall be liable for the cost of the emergency response.
C. 
In the event that the bill is not paid in full within thirty days of its issuance, the police chief may pursue any and all legal and equitable remedies for the collection of unpaid amounts, including further outreach by additional collection letters, referral to a collection agency, and by civil action.
(Ord. 2484 § 1, 2011)
A. 
Any responsible person or the parents or guardian of a responsible person, if he or she is a minor, may contest the emergency response cost by submitting a written request to the city for an appeal hearing, clearly stating the reasons for the appeal, within fifteen days from the date of receipt by the responsible person. An appeal fee will be paid, as set by council resolution.
B. 
In lieu of depositing the appeal fee, the responsible person or parents or guardian of a responsible person, if he or she is a minor, may timely submit an approved hardship waiver outlining the extenuating circumstance(s) that warrants waiver of this requirement. If the responsible person or parents or guardian of a responsible person, if he or she is a minor, has timely submitted a hardship waiver, then city approval of the hardship waiver shall be required prior to any appeal hearing made pursuant to this chapter. If the city, at its sole discretion, rejects the hardship waiver, then the appellant shall comply with subsection A prior to the scheduling of any hearing.
C. 
A hearing before the hearing officer shall be set for a date that is not less than fifteen nor more than sixty days from the date the request for hearing is filed. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of hearing.
(Ord. 2484 § 1, 2011; Ord. 2497 § 2, 2012)
A. 
No hearing to contest a bill for emergency response costs before a hearing officer shall be held unless and until a written request for hearing form has been timely submitted together with an appeal fee, as set by council resolution. The requirement for a deposit of the appeal fee prior to the holding of a hearing under this chapter may be waived by the city if appellant timely submits an approved hardship waiver outlining the extenuating circumstance warranting waiver of the advanced deposit of the fine.
B. 
The hearing officer shall only consider evidence that is relevant to whether the person appealing is the responsible person who caused the emergency response or if a service was inadvertently charged but not provided. A responsible person's DUI emergency response cost liability shall not be contingent on the responsible person's conviction for driving under the influence.
C. 
The appellant shall be given the opportunity to testify and present witnesses and any relevant evidence concerning the identity of the responsible person and/or incorrectly charged costs.
D. 
The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he or she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he or she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.
E. 
1. 
The failure of the appellant to appear at the appeal hearing shall constitute acceptance of the charges and shall be considered a concession that the emergency response cost was properly issued.
2. 
Notwithstanding the above, upon a showing of good cause by the appellant, the hearing officer may excuse the appellant's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time.
F. 
The bill for the emergency response cost and any additional documents submitted by the police chief shall constitute prima facie evidence of the respective facts contained in those documents.
G. 
Neither the police chief nor any other representative of the city shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the bill which references the services provided as well as the amount charged. However, any such appearance and/or submission may be made at the discretion of the police chief or any city employee or agent.
H. 
At least ten days prior to the hearing, the appellant shall be provided with copies of the bill, reports, and other documents submitted or relied upon by the police chief. No other discovery disclosure is required, although formal rules of evidence shall not apply.
I. 
If the police chief submits an additional written report concerning the bill for emergency response costs to the hearing officer for consideration at the hearing, then a copy of the report also shall be served by certified mail on the appellant at least five days prior to the date of the hearing.
J. 
The hearing officer may continue the hearing and request additional information from the police chief or from the appellant prior to issuing a written decision.
(Ord. 2484 § 1, 2011; Ord. 2497 § 3, 2012)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or revoke the bill for emergency response costs and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B. 
If the decision is to uphold the bill for emergency response costs, the responsible person shall pay amount due within thirty days of service of the officer's decision. If the decision is to revoke the bill, the appellant shall be so notified in writing within thirty days of the hearing date.
C. 
The hearing officer's decision shall include that an aggrieved party may file a petition for review with the California Superior Court, county of Orange, pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
D. 
The hearing officer's written decision shall be served on the appellant within twenty days from the date of the hearing by mailing to the appellant by certified mail, return receipt requested, via the U.S. mail. Service of the hearing officer's decision shall be deemed to have been completed on the date of mailing.
E. 
The hearing officer shall not be a city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of the bill for emergency response costs upheld by the hearing officer.
(Ord. 2484 § 1, 2011)