Alameda Municipal Code § 24-10 Cost Recovery for Recurring Calls for Service to Respond to and/or Abate…

This chapter is adopted pursuant to the Charter authority of the city and the general police power as has specifically been acknowledged by the state legislature to enable cost recovery for emergency response purposes in Government Code Section 53158. Owners of properties causing recurring calls for emergency response and/or abatement due to a specified condition listed in subsection 24-10.3.A. or owner neglect as defined in subsection 24.10.2.D. will be held liable for the cost of the city's emergency response to such incidents. Cost recovery for recurring calls for service to abate properties due to the conditions specified or owner neglect is necessary in order to provide restitution for expenses incurred by the city and to deter owners from causing strains on city resources.

(Ord. No. 2992 N.S., § 1, 4-7-09)

The following definitions shall apply to the construction of this section except where the context clearly indicates another meaning was intended:

A. Abatement means any emergency response that includes law enforcement, fire, or other emergency response provider personnel and related equipment, to prevent, mitigate or remedy the actual or potential consequences of a nuisance existing on a property due to due to a specified condition listed in subsection 24-10.3.A. or owner neglect.

B. Emergency response costs shall mean the cost to the city to provide law enforcement, fire, or other emergency response provider personnel and related equipment to respond to abate a property due to the conditions specified in subsection 24-13.3.A. or owner neglect. Such expenses shall include the costs, including salaries or contractual costs, of providing law enforcement, fire, or other emergency response provider personnel and related equipment rescue on-scene at the property.

C. Owner shall mean the record owner of the title to property, wherever that person or entity may currently reside.

D. Owner neglect means that the owner has failed to carry out or perform the necessary maintenance, repair, replacement or other appropriate abatement measure on the property to a degree that an emergency response by the city to provide law enforcement, fire, or other emergency response provider personnel and related equipment is required to respond to and/or abate the existing nuisance.

E. Plumbing systems shall include all the potable water, building supply, and distribution pipes; all plumbing fixtures and traps; all drainage and vent pipes; and all building drains and building sewers, including their respective joints and connections, devices, receptors, and appurtenances within the property lines of the premises and shall include potable water piping, potable water treating or using equipment, medical gas and medical vacuum systems, liquid and fuel gas piping, and water heaters and vents for same.

F. Nuisance shall have the same meaning as defined in California Civil Code Section 3479.

(Ord. No. 2992 N.S., § 1, 4-7-09)

A. An initial response by a law enforcement, fire, or other emergency response provider to a private property for at least one (1) of the following specified conditions will initiate a warning letter to the owner:

1. Sudden and accidental release of water onto properties or into buildings due to broken plumbing systems;

2. Water intrusion resulting from structural leakage;

3. Basement flooding due to malfunctioning sump pumps;

4. Person(s) locked out of a building absent exigent circumstances;

5. Elevator malfunctions;

6. Lock-outs out of a vehicle with no occupants or animals in the vehicle; or

7. Owner neglect as defined in subsection 24-10-2.D.

B. When a law enforcement, fire, or other emergency response provider makes an initial response to a private property due to at least one of the following specified conditions in subsection 24-10.A. or owner neglect, the city's official shall, in writing, warn the owner that:

1. The official has determined that the law enforcement, fire, or other emergency response was required due to one of the conditions specified in subsection 24-10.3.A. or owner neglect; and

2. If law enforcement, fire, or other emergency response providers make any further emergency responses to the same property for the same specified condition or arising from the same condition of owner neglect within twelve (12) months of the initial response, the owner will be charged for the emergency response costs.

C. When a law enforcement, fire, or other emergency response provider responds to the property because of the same specified condition or arising from the same condition of owner neglect within twelve (12) months after the warning in subsection 24-10.3.B. has been given, any and all owners shall be jointly and severally liable for the emergency response costs.

D. The emergency response costs incurred under this section shall be established by resolution of the city council. The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. Any owner owning such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney's fees and costs. The bill shall contain the following information:

1. The name(s) of the owner(s) being held liable for the payment of such costs;

2. The address of the private property where the recurring emergency response due to a condition specified in subsection 24-10.3.A. or arising from the same condition of owner neglect occurred;

3. The date and time of the emergency responses;

4. The names of law enforcement, fire or emergency service providers who responded;

5. The date(s) and time(s) of any previous warning given pursuant to subsection 24-10.3.B. and/or previous responses to the private property in question due to the same specified condition or arising from the same condition of owner neglect within the previous twelve months; and

6. An itemized list of the emergency response costs for which the owner(s) is being held liable.

(Ord. No. 2992 N.S., § 1, 4-7-09)

A. Any owner causing a recurring response by law enforcement, fire, or other response provider personnel and related equipment due to a specified condition listed in subsection 24-10.3.A. or arising from the same condition of owner neglect shall be liable for all of emergency response costs. The emergency response costs shall be a charge against the owner causing the response. The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied.

B. The provisions of section 13-12.4 of this Code shall apply to the payment and collection of the emergency response costs due to a recurring response to a specified condition listed in subsection 24-10.3.A. or arising from the same condition of owner neglect. In the alternative, the city attorney may bring civil suit or other action to collect the expense of emergency response costs due to a recurring response to a specified condition listed in subsection 24-10.3.A. or arising from the same condition of owner neglect.

(Ord. No. 2992 N.S., § 1, 4-7-09)

This chapter provides for the recovery by the city of its expense of emergency response due to a specified condition listed in subsection 24-10.3.A. or arising from the same condition of owner neglect, is not the exclusive remedy for recovery of such costs, and is in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to provide for recovery of its emergency response costs due to a specified condition outlined in subsection 24-10.3.A. or arising from the same condition of owner neglect.

(Ord. No. 2992 N.S., § 1, 4-7-09)