The declared purpose of this chapter is to provide a procedure for the recovery of expenses incurred during emergency responses.
(Ord. 4106 § 1, 1988)
For the purpose of this chapter, except as otherwise provided herein, certain words, phrases and terms, and their derivatives, shall be construed as specified in this chapter. Words, phrases and terms used in this chapter, but not specifically defined herein, shall have the meanings stated therefor in the California Health and Safety Code. Where not defined in this chapter or elsewhere in the El Cajon Municipal Code, or in the California Health and Safety Code, such words, phrases and terms shall have the meanings stated therefor in Webster's New International Dictionary of the English Language, Unabridged, Third Edition.
(Ord. 4106 § 1, 1988)
means any material which constitutes a flammable material pursuant to the currently adopted Uniform Fire Code, which has been adopted by reference, with certain exceptions, by the city.
(Ord. 4106 § 1, 1988)
Those expenses of an emergency response action necessary to protect the public health or safety, or for the control and extinguishment of fire, or to prevent a substantial danger to domestic livestock, wildlife or the environment, incurred by officers or employees of the city to suppress, confine, prevent or mitigate the release, escape or burning of any hazardous substance, hazardous waste, or flammable material, are a charge against any person responsible for or causing the emergency conditions. The charge created against the person by this section is also a charge against the person's employer, if the cause of the emergency condition occurs in the course of the person's employment.
(Ord. 4106 § 1, 1988)
Those expenses of an emergency response action necessary to protect the public health or safety, or for the control and extinguishment of fire, or to prevent a substantial danger to domestic livestock, wildlife or the environment, incurred by officers or employees of the city to suppress, confine, prevent or mitigate the release, escape or burning of any hazardous substance, hazardous waste, or flammable material, are a charge against any person who causes such emergency conditions by violating or being in violation of any law or notice relating to the generation, transportation, treatment, storage, recycling, disposal or handling of such hazardous substance, hazardous waste or flammable material, including, but not limited to, the provisions of Chapters 6.5 to 6.7 of Division 20 of the California Health and Safety Code, or any permit, rule, regulation, standard or requirement issued or adopted pursuant thereto.
(Ord. 4106 § 1, 1988)
Expenses reimbursable to the city pursuant to this chapter are a debt of the person or persons liable therefor, and shall be collectible as a lien or assessment on the subject property or pursuant to the procedures outlined in this chapter.
(Ord. 4106 § 1, 1988)
Expenses reimbursable to the city pursuant to this chapter include, but are not limited to, personnel costs, costs of equipment usage, the cost of supplies, contract service costs, administrative and overhead costs, and the cost of legal services incurred in the emergency response action, whether such action taken is in response to an actual emergency or to a false alarm. Actions which may be taken in an emergency response action include, but are not limited to, prevention, suppression, providing rescue or emergency medical services, extinguishment, abatement, removal, disposal, cleanup, mitigation, transportation, temporary storage, investigation, preparation of any reports and all activities reasonably related thereto, including testing, sampling and staff work necessary to assess, evaluate and characterize the emergency condition and to formulate appropriate plans for corrective actions.
(Ord. 4106 § 1, 1988)
A.
Whenever emergency response expenses have been incurred by the city for the purposes specified in Sections 8.10.040 or 8.10.050 of this chapter, the fire chief shall prepare a report of the proceedings and an account of the costs to be filed with the city clerk. If such costs are for fire suppression (or emergency rescue or services related to fire suppression), the costs shall be set out separately to enable accurate billing. The city clerk shall then bill the person, or his agent, by mail for the costs of the emergency response and for any administrative costs as described in Section 8.10.070. The bill shall apprise the person that failure to pay the bill may result in a lien against his/her property and/or a joint and separate personal obligation.
B.
Not all emergency responses may result in a lien. Any costs incurred as a result of any person who negligently, or in violation of the law, (1) sets a fire, (2) allows a fire to be set, or (3) allows a fire kindled or attended by him/her to escape onto any public or private property shall constitute a personal obligation of that person, and is collectible in the same manner as in the case of an obligation under a contract, expressed or implied.
(Ord. 4106 § 1, 1988)
A.
Within ninety days of completion of emergency services performed pursuant to this chapter or within ninety days of the failure, neglect or refusal of the owner(s) of the subject property to make payment within thirty days (as provided in Section 8.10.130) of the costs of emergency services rendered, the city clerk shall cause to be recorded with the county recorder a "notice of intent to lien," in substantially the following form:
"NOTICE OF INTENT TO LIEN |
The following person(s) [list name(s)] have been determined responsible for the cause of an emergency condition requiring emergency response services on the below identified property pursuant to Chapter 8.08 of the El Cajon Municipal Code: |
[legal description] |
The City of El Cajon has caused certain work to be performed upon the property and pursuant to Chapter 8.10 will charge the expense of said work to the following property or person(s): |
[insert the above legally described property, if the owner is the person responsible for the emergency condition; insert the legal description of other property owned by the responsible person if such person is not the owner of the property requiring an emergency response; insert the name of the responsible person if there is no property owned by such person which can be charged.] |
The emergency services were performed on [insert date or dates] by [insert the name of the persons or organizations who performed the services]. The lawful and reasonable expense claimed for such services is [insert total cost of services rendered]. Failure of said owner(s) to pay such expense will result in a lien on said property. |
Dated: _____________ |
CITY OF EL CAJON |
By ________________ Fire Chief" |
B.
The fire chief shall sign and verify a declaration by oath to the effect that the affiant believes the lien claimed is just.
(Ord. 4106 § 1, 1988)
The notice of intent to lien pursuant to this chapter shall give notice to the owner that a lien for the costs of emergency services may be claimed. Service of the notice shall be made upon all persons identified in the notice either personally or by mailing a copy of such notice by certified mail, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The notice shall also be posted on the subject property.
(Ord. 4106 § 1, 1988)
A.
Except as preempted by state law, the city shall have a lien for the cost of any emergency services performed pursuant to this code against the real property on which the emergency services were rendered if the owner of such property was responsible for causing the emergency condition, or against any other real property within the jurisdiction of the city which is owned by the person responsible for causing the emergency condition.
B.
The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity.
C.
The costs of emergency services are also joint and separate personal obligations of any person in violation. The city attorney may collect the costs by use of all appropriate legal remedies.
D.
The lien and/or personal obligation provided by this section may be foreclosed and enforced by a civil action in a court having jurisdiction.
(Ord. 4106 § 1, 1988)
The San Diego County recorder's office shall record and index the notices of intent to lien described in this chapter. No lien created by this chapter binds the property subject to the lien for a period longer than three years after the notice of intent to lien has been filed, unless an action is commenced in the proper court within that time to enforce the lien.
(Ord. 4106 § 1, 1988)
Where the full amount due is not paid by such person within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such report and account, and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers.
(Ord. 4106 § 1, 1988)
A.
The city council shall consider the report and account at the time set for hearing, together with any objections or protests by interested parties. Any person affected by the proposed charge may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted, or as modified or corrected by the city council. The decision of the city council on the report and the charge and on all protests or objections shall be final and conclusive.
1.
In the case of a person responsible for the emergency conditions on his/her own property, the amounts so approved shall be charged to the person on the next regular tax bill and shall be a lien upon the property involved.
2.
In the case of a person responsible for the emergency conditions on another's property, when such responsible person owns other property within the taxing power of the city the amounts so approved shall be charged to the person on the next regular tax bill and shall be a lien upon any property so owned.
3.
In the case of a person responsible for the emergency conditions on another's property, when such responsible person owns no other property within the taxing power of the city the amounts so approved shall be charged to the person as a lien, personal obligation or in accordance with other procedures specified in this code.
4.
In all cases involving the costs of fire suppression, including costs of rescue or emergency services related to such fire suppression, the amounts so approved shall be charged to the person as a personal obligation.
B.
The city council shall confirm such assessment, if applicable, and cause the same to be recorded on the assessment roll and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
(Ord. 4106 § 1, 1988)
The city finance department may accept payment of any amount due at any time prior to the city council hearing called for in Section 8.10.140.
(Ord. 4106 § 1, 1988)
The city council, in its discretion, may determine that costs or assessments in amounts of five hundred dollars or more shall be payable in not to exceed five equal annual installments. The council's determination to allow payment of such costs or assessments in installments, the number of installments, whether they shall bear interest and the rate thereof shall be by a resolution.
(Ord. 4106 § 1, 1988)
All costs or assessments remaining unpaid after thirty days from the date of confirmation of the costs or assessments by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.
(Ord. 4106 § 1, 1988)
A.
The person or business determined to be the responsible party for the emergency conditions shall be charged an administrative fee to cover costs incurred by the city in enforcing the provisions of this chapter.
B.
The current fee schedule shall be on file with the city clerk and shall be in such amount as the city council may set from time to time by resolution.
(Ord. 4106 § 1, 1988)
If, after the hearing by the city council pursuant to Section 8.10.140, the person charged with payment of emergency service costs fails, neglects or refuses to pay such costs, the city clerk may:
A.
Refer the matter to the city attorney for prosecution under the provisions of this chapter; and/or
B.
Institute any appropriate action to collect the costs of emergency services assessed under this chapter; and/or
C.
Pursue any other appropriate remedy at law or equity.
(Ord. 4106 § 1, 1988)
The city may authorize the Unified San Diego County Emergency Services Organization or other designated body to recover costs incurred under this chapter for and on behalf of the city.
(Ord. 4106 § 1, 1988)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(Ord. 4106 § 1, 1988)