Except where the context requires otherwise, the following definitions
govern the construction of this chapter.
means the standardized cost, including repairs and depreciation,
for the use of City Fire Department and public works apparatus or
equipment, as set forth in adopted regulations of the State Fire Marshall
or as determined by the City Manager, and the cost for the use of
apparatus or equipment of another jurisdiction which may respond to
an incident within the City pursuant to statute or intergovernmental
agreement.
means the costs of supplies, apparatus and labor incurred
by the City or another jurisdiction in responding to an incident.
means any service provided by employees of the City, or employees
of another jurisdiction, (1) to a person whose person or property
is injured or threatened with injury; or (2) to a person whose property
has injured or threatens to injure another person or another person's
property, for which a charge is not otherwise imposed under this code.
"Direct fire or emergency services" includes, but is not limited to,
the suppression of fires, the rescue of persons or property, the provision
of medical assistance, and containment and cleanup of hazardous materials.
means the product of the state "average response availability
rate," as determined by the State Fire Marshall, and the time spent
responding to an incident, together with the state "average support
services cost per incident," as determined by the State Fire Marshall.
means the compensation paid by the City or neighboring jurisdiction
to its employees, including but not limited to base pay, overtime
pay and fringe benefits, during the time spent responding to an incident.
means a right-of-way used for rail transportation.
means a roadway or waterway against which no taxes or assessments
for fire protection are levied by the City.
means one hour of deployment of an engine, ladder truck,
rescue vehicle or other vehicle or equipment of the City or neighboring
jurisdiction, with an assigned crew, in response to a call for assistance.
(Ord. 1764 § 1, 1994)
A.
Any
person receiving direct fire or emergency services from the City or
a neighboring jurisdiction as a result of an airplane crash or an
occurrence on a transportation route that requires more than four
unit hours of service, or as a result of an occurrence in a railroad
right-of-way, shall be liable to the City for the direct and indirect
costs incurred by the City or neighboring jurisdiction in responding
to the incident.
B.
When
more than one person receives direct fire or emergency services in
a single incident and certain general costs are not solely attributable
to any particular person, the general costs incurred may be apportioned
pro rata among the recipients of the services not otherwise exempt
from payment or among the vehicles involved in the incident, or through
any other apportionment which reasonably allocates the benefits received.
(Ord. 1764 § 1, 1994)
Any person liable for a charge imposed under Section 3.12.020 shall be excused from paying the charge if the person presents satisfactory proof to the City that, at the time of the incident giving rise to the charge, the person was a resident of the City, owned real property within the City, or was the holder of a valid license from the City issued under Title 5.
(Ord. 1764 § 1, 1994)
Any charge imposed under Section 3.12.020 shall be due to the City upon demand or billing by the City. Any person who fails to pay such charge within 90 days of receipt of a bill from the City shall also pay interest on the charge from the date of the billing at the rate of 1% per month; interest for a fraction of a month shall be prorated.
(Ord. 1764 § 1, 1994)
Fire and emergency service charges collected by the City shall
be deposited in accounts designated for such payments. Funds in such
accounts shall be expended only for operational costs of the fire
department, police department, or the public works department, to
reimburse a neighboring jurisdiction for costs incurred, and to reimburse
the City for costs of administering and collecting charges for fire
and emergency services.
(Ord. 1764 § 1, 1994)
The City Manager is authorized to adopt rules implementing the
policies of this chapter. Those rules shall be adopted after notice
and opportunity for public comment. They may include regulations on
billing procedures, dispute resolution about the obligation to pay
charges billed, and other matters as appropriate.
(Ord. 1764 § 1, 1994)
A.
Any
person who fails to pay a fire and emergency service charge within
90 days of receipt of a bill from the City, or within such additional
time as may be allowed by a written extension of time by the City
Manager, commits a civil infraction of this code. The issuance and
enforcement of a citation for this civil infraction is governed by
the provisions of Title 1. Each day that payment is not made shall
be a separate civil infraction.
C.
Failure
to pay a fire and emergency service charge when due shall also subject
the obligee to the general penalties for violation of City ordinances
and any other remedy provided by municipal or State law.
(Ord. 1764 § 1, 1994)
Violation of Section 3.12.070 shall be punishable by a fine not to exceed $300.
(Ord. 1764 § 1, 1994; Ord. 1767 § 1, 1994)
