Adelanto Municipal Code Ch. 9.70 Emergency Response Cost Recovery - Dui

This Chapter is adopted pursuant to municipal affairs provisions of the City Charter for the following purposes:

A. To provide for the recovery of costs incurred by the Police Department in the apprehension and arrest or citation of persons who are convicted of an offense involving the driving of a vehicle while under the influence of alcohol or any drug; and

B. To provide for the recovery of other costs incurred by the Police and Fire Departments in responding to accidents caused by persons who are convicted of an offense involving the driving of a vehicle while under the influence of alcohol or any drug.

The City Council finds as follows:

A. That persons who drive a vehicle while under the influence of alcohol or any drug create a serious hazard to themselves and others;

B. That the City’s Police and Fire Departments are required to spend a significant amount of time in the apprehension and arrest of persons who drive while under the influence of alcohol or any drug and in responding to accidents caused by such persons;

C. That the time spent by the Police and Fire Departments for that purpose is costly and detrimentally affects the ability of those departments from being available to respond to other calls or incidents;

D. That, although the California Government Code, at Sections 53150 et seq., provides that persons who drive a vehicle under the influence of alcohol or any drug shall reimburse the City for costs incurred in making appropriate emergency responses to incidents caused by such persons, the scope of that cost recovery provision is insufficient because the apprehension and arrest of all drivers under the influence of alcohol or any drug are expensive and time-consuming, even though they may not require an emergency response; and

E. That all persons who are apprehended or arrested for driving while under the influence of alcohol or any drug, as well as those who cause an accident and who are subsequently convicted of driving while under the influence of alcohol or any drug, should be required to reimburse the City for the costs incurred by the Police Department in such apprehension or arrest.

Any person who is arrested or cited by the Police Department for driving a vehicle while under the influence of alcohol or any drug and who is subsequently convicted of such an offense, shall be assessed a cost recovery fee for the purpose of reimbursing the City for all costs incurred by the Police Department which were related to the making of that arrest or issuance of that citation. In addition, if such driver caused an accident while under the influence of alcohol or any drug, the cost recovery fee assessed shall also include any additional costs which were incurred by the Police or Fire Departments in responding to that accident.

The civil liability imposed herein shall arise upon the conviction of a person for an offense involving the driving of a vehicle while under the influence of alcohol or any drug. Convictions giving rise to such liability shall include a conviction under Vehicle Code Section 23152 or Sections 23103/23103.5 or any other violation of California law which requires a findings that the person drove a vehicle while under the influence of alcohol or any drug. The term shall include a plea of guilty or no contest as well as a finding of guilt by a judge or jury after a trial.

Upon the conviction of an offense giving rise to liability under the provisions of this Chapter, the Chief of Police shall cause notice of the assessment to be mailed to the person so convicted. In addition to setting forth the amount of the cost recovery fees assessed pursuant to this Chapter, such notice shall set forth the right of the person so assessed to request administrative review of such assessment in the manner provided herein.

When a cost recovery fee is assessed upon any person in the manner provided by this Chapter, such fee will be due and payable on or before the last day of the month in which the notice of the assessment was mailed to the person assessed the fee. In the event of the failure of a person so assessed to pay any such fee when due, a delinquent penalty of ten percent (10%) shall be added to the fee on the last day of each month after the due date thereof, provided, however, that the total amount of such penalties shall not exceed fifty percent (50%) of the delinquent fees. In addition, in the event of the failure of a person assessed a cost recovery fee to pay such fee when due, that person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent (1%) per month, or fraction thereof, from the date the fee first became delinquent until the date the fee is paid.

A. Right to Administrative Review. Any person aggrieved by a determination to assess a fee in the manner provided for by this Chapter or by a determination of the amount of the fee assessed, may apply to the Chief of Police for administrative review of such determination.

B. Application for Administrative Review. Applications for administrative review of the determination that a fee be assessed or the amount of the fee assessed, shall be made in writing and shall be filed with the Police Department no later than fifteen (15) days from the date that notice of liability for the fee was mailed to the person liable thereunder. In addition to setting forth a request for administrative review of such determination, such application shall contain a brief statement of the reasons why that person believes that such determination does not comply with the provisions of this Chapter and the relief being requested.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of the determination that a fee be assessed or the amount of a fee assessed under this Chapter, the Chief of Police shall consider the application and render a decision either affirming the determination or reversing or modifying the determination. Prior to rendering a decision, the Chief of Police shall consider the application and render a decision either affirming the determination or reversing or modifying the determination. Prior to rendering a decision, the Chief of Police, with sole discretion, may convene a hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. If such a meeting is convened, notice of the date, time and place of such hearing shall be served by mail on the person requesting administrative review a reasonable time prior to such hearing. After rendering a decision, the Chief of Police shall promptly cause written notice of the decision to be served by mail on the person requesting the administrative review.

D. Payment of Cost Recovery Fee Following a Decision on Application for Administrative Review. When the Chief of Police renders a decision to affirm a determination to assess a fee or the amount of a fee, in whole or in part, following the filing of an application for administrative review of such determination, such fee or such part thereof found by the Chief of Police to have been validly assessed shall not be payable until the last day of the month immediately following the month in which notice of such decision is mailed to the person against whom the fee was assessed, provided, however, that if the decision of the Chief of Police is appealed to the City Council, payment shall not be due until the Council has acted on the appeal.

Any person aggrieved by any decision of the Chief of Police which is rendered pursuant to the procedures for administrative review set forth in this Chapter may appeal to the City Council. Such appeal shall be made in accordance with the procedures set forth in Section 2.04.080 et seq. of this Code. In the event that the City Council affirms a decision of the Chief of Police to Assess a fee or the amount of a fee assessed, payment of that fee shall be due and payable immediately following the Council's decision.