Chapter 8.27
FIRE DEPARTMENT MITIGATION FEES
Sections:
8.27.030 Determination of mitigation costs.
8.27.040 Request for modification of mitigation costs.
8.27.050 Collection of mitigation costs.
8.27.060 Liability of responsible party.
8.27.070 Effect of partial invalidity.
8.27.080 Fee rates and revisions.
8.27.010 Authority.
The city of Ocean Shores fire department shall initiate mitigation costs for the delivery of emergency services by the fire department for personnel, supplies, and equipment utilized at the scene of emergency incidents. The rate of mitigation costs shall be based on actual costs of the services, equipment, personnel and supplies used at the incident and specified in a resolution duly passed by the city council. The mitigation cost shall be charged or billed to the responsible party, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. The claim for 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, or 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 cost jointly and severally. In some circumstances, a responsible party may be charged or billed directly. The city of Ocean Shores may promulgate rules or regulations and from time to time amend, revoke, or add to rules and regulations, not inconsistent with this section, as the fire chief may deem necessary or expedient in respect to billing for these mitigation costs or the collection thereof. (Ord. 953 § 1 (part), 2015)
8.27.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
A. “Hazardous substance or hazardous materials” means those elements, substances, wastes or by-products including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos, which are potentially harmful to the environment, human or animal life or which pose an unreasonable or imminent risk to life, health, or safety of persons or property, or to the ecological balance of the environment as determined by the fire chief, the senior fire official of the fire department or senior disaster manager in charge at the scene. The Washington State Model Toxics Control Act under RCW 70.105D (“MTCA”) provides authority for Fire Protection Districts to seek reimbursement for costs associated with spill response.
B. “Hazardous material incident or emergency” means any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the fire chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
C. “Illegal fire” means a fire caused or set or determined to have been caused or set in violation of a federal, state or local law and shall include an arson fire and a fire set in violation of a “no-burning” ban or order. An illegal fire does not include an accidental and unintentionally set fire.
D. “Mitigation costs” means those costs for services incurred by the department in connection with a response to a public safety or fire emergency incident, including, but not limited to, the actual labor and material costs of the department (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, cost of equipment operation, costs of materials, costs of transportation, costs of materials disposal and costs of contracted labor) whether or not the services are provided by the department or by a third party on behalf of the city; service charges and interest; attorneys’ fees, litigation costs, and any costs, charges, fines, or penalties to the city imposed by any court, state, or federal governmental entities.
E. “Public safety or fire emergency incident” means (1) a false alarm, (2) a hazardous material incident or emergency, (3) an illegal fire, (4) rescue emergency, (5) a utility line failure, (6) motor vehicle accident, (7) structure fire, (8) emergency medical response.
F. “Release” means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, or disposing into the environment, including but not limited to the air, soil, groundwater, and surface water.
G. “Rescue emergency” means a public safety, medical emergency or fire emergency incident resulting from a person or persons knowingly entering any area that has been closed to the public by competent authority for any reason, where such closure is posted by sign, barricade, or other device, and an emergency response such as a search for or rescue of such person results from the entry.
H. “Responsible” means to cause, either through negligence, recklessness, or intentional act, a public safety or fire emergency incident.
I. “Responsible party” means any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant or party in control of real and personal property from which, onto which, or related to which there is a public safety or fire emergency incident and, unless not permitted by law, includes their heirs, estates, successors and assigns.
J. “Utility line failure” means the interruption of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect, or transport electricity, natural gas, communication or electronic signals (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water or sewage.
K. “Water rescue emergency” means an emergency incident resulting from any person knowingly entering into a body of water and through their behaviors are responsible for causing an emergency response such as a search for or rescue from such environment.
(Ord. 953 § 1 (part), 2015)
8.27.030 Determination of mitigation costs.
A. The city of Ocean Shores fire department may recover all mitigation costs in connection with a public safety or fire emergency incident from any or all responsible parties jointly or severally. Based on a fee schedule passed by resolution of the city council, the fire chief or his or her designee shall determine the total mitigation costs and shall, in consultation with other city personnel, determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following nonexclusive list of factors shall be considered, although no single factor or absence thereof will be determinative of whether mitigation costs are assessable:
1. The total mitigation cost;
2. The risk the public safety or fire emergency incident imposed on the department or community, its residents and their property;
3. Whether there was any injury or damage to person or property;
4. Whether the public safety or fire emergency incident required evacuation;
5. The extent the public safety or fire emergency incident required an unusual or extraordinary use of the department’s personnel and equipment; and
6. Whether there was any damage to the environment.
B. After consideration of the factors immediately above, the fire chief or his or her designee may allocate mitigation costs among and between any responsible parties; including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has any other legal liability.
C. If the fire chief or his or her designee determines not to assess all or a portion of mitigation costs against a responsible party, such determination shall not in any way limit, reduce or extinguish the liability of the responsible party to any other parties.
D. After determining to assess mitigation costs against a responsible party, the fire chief or his or her designee shall mail an itemized invoice to the responsible party at its last known address. Such invoice shall be due and payable within thirty days of the date of mailing and as permitted by law. Any amount unpaid after such date shall bear a late payment fee equal to one percent per month or fraction thereof of the amount due and any previously imposed late payment fee remaining unpaid. If a responsible party shall appeal the claim of mitigation costs by requesting a hearing, such costs, if upheld, in whole or in part, shall be due and payable thirty days from the date of determination of the appeal and any late payment fees shall apply thereafter.
(Ord. 953 § 1 (part), 2015)
8.27.040 Request for modification of mitigation costs.
A. Any responsible parties who receive an invoice for mitigation costs shall have an opportunity to meet with the fire chief or his or her designee to request a modification of mitigation costs. The responsible party shall request in writing such meeting within ten calendar days of the date of mailing of the invoice assessing the mitigation costs. If after meeting with the fire chief, or his or her designee, the responsible party is still not satisfied, he or she may request a hearing before the city mayor. Any responsible party aggrieved by the determination of being a responsible party and/or the assessment of mitigation costs who desires a hearing before the city mayor must first meet with the fire chief or his or her designee as provided above before requesting a hearing on the same.
B. Any responsible party aggrieved by the determination of being a responsible party and/or the assessment of mitigation costs who desires a hearing shall submit the request in writing to the city of Ocean Shores fire department within thirty calendar days of the date of mailing of the itemized invoice. Upon receipt of the written request for a hearing, the fire chief or his or her designee shall within ten days or sooner if deemed necessary by the fire chief present the itemized invoice of mitigation costs to the city mayor for consideration. The mayor shall fix a time, date and place for hearing the determination of being a responsible party and/or the assessment of mitigation costs and/or any protests or objections thereto. A request for hearing shall not prevent the department from pursuing the claim by means of other lawful process including small claims or civil litigation.
(Ord. 953 § 1 (part), 2015)
8.27.050 Collection of mitigation costs.
In addition to the remedy set forth above, the department shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect mitigation costs from a responsible party. (Ord. 953 § 1 (part), 2015)
8.27.060 Liability of responsible party.
The recovery of mitigation costs pursuant hereto does not limit the liability of a responsible party under applicable local, state, or federal law. (Ord. 953 § 1 (part), 2015)
8.27.070 Effect of partial invalidity.
Should any provision or part of this chapter be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provision or part which shall remain in full force and effect. (Ord. 953 § 1 (part), 2015)
8.27.080 Fee rates and revisions.
The rates shall be established by resolution, which rates shall be reviewed and updated by the fire chief for approval by the city council as needed. (Ord. 953 § 1 (part), 2015)