5-13-1: PURPOSE AND AUTHORITY TO ESTABLISH A MITIGATION COSTS SCHEDULE AND RECOVERY PROCEDURE:

   A.   Purpose: In order to protect the City from extraordinary expenses resulting from the utilization of City resources in response to certain public safety or fire emergency incidents, this chapter authorizes the imposition of charges to recover costs incurred by the City in responding to such incidents.

   B.   Mitigation Cost Schedule: The City shall initiate mitigation costs for the delivery of emergency services by the Fire Department for personnel, supplies and equipment to the scene of emergency incidents by authorizing the recovery of such costs in the amounts set forth in a duly adopted fee schedule, as amended, for the services of the Fire Department. The rate of mitigation costs shall be based on actual average costs of the services and that which is usual, customary and reasonable (UCR) as shown in a duly adopted fee schedule or related Fire Department document.

   C.   Charges And Billing: The mitigation cost shall be charged or billed to the responsible party. In some circumstances, a responsible party may be charged or billed directly or, where representing an add-on cost of the claim for damages of the vehicles, property and/or injuries, mitigation costs may be charged or billed to the insurance coverage of the owner of a vehicle, owner of property, or other responsible parties where an authorized agent of the City, County, State, or a court of competent jurisdiction, determines the owner, owners and/or responsible party or parties is/are at fault, allocating all or some of such costs jointly and severally.

   D.   Necessary Rules, Regulations: The Fire Department may promulgate rules or regulations and from time to time may amend, revoke or add to rules and regulations, not inconsistent with this chapter, as the Fire Chief may deem necessary or expedient in respect to billing for these mitigation costs or the collection thereof. (Ord. 9-17, 3-21-2017)