Apple Valley Municipal Code Ch. 11.130 Dui Emergency Response Cost Recovery

This Chapter is adopted pursuant to California Government Code Sections 53150 et seq. for the following purposes:

(a) To provide for the recovery of costs incurred by the Town in the apprehension and arrest or citation of persons who are convicted of an offense involving driving under the influence of alcohol or drugs; and

(b) To provide for the recovery of other costs incurred by the Town in responding to incidents and accidents caused by persons who are convicted of driving under the influence of alcohol or drugs.

(Ord. No. 576, § 2, 6-9-2026)

The Town Council finds as follows:

(a) That persons who drive a vehicle while under the influence of alcohol or drugs create a serious hazard to themselves and others;

(b) That the Town's law enforcement and emergency response personnel 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 drugs and in responding to incidents caused by such persons;

(c) That the time spent for that purpose is costly and detrimentally affects the ability of such personnel to respond to other calls or incidents;

(d) That, although California Government Code Sections 53150 et seq. provide for cost recovery related to emergency responses, the apprehension and arrest of persons driving under the influence is also costly and time-consuming, even when an emergency response is not required; and

(e) That persons who are apprehended or arrested for driving under the influence, as well as those who cause an incident and are subsequently convicted, should reimburse the Town for such costs.

(Ord. No. 576, § 2, 6-9-2026)

Any person who is arrested or cited by the Town for driving a vehicle while under the influence of alcohol or drugs and who is subsequently convicted of such an offense shall be assessed a cost recovery fee to reimburse the Town for costs incurred which are related to the making of that arrest or issuance of that citation. In addition, if such person caused an incident while under the influence, the cost recovery fee shall include additional costs incurred in responding to that incident.

(Ord. No. 576, § 2, 6-9-2026)

The civil liability imposed herein shall arise upon the conviction of a person for an offense involving driving under the influence of alcohol or drugs. Convictions giving rise to such liability include violations of California Vehicle Code Section 23152, Section 23103 as specified in Section 23103.5, or any other law requiring a finding that the person drove under the influence. A conviction includes a plea of guilty or no contest or a finding of guilt by a court.

(Ord. No. 576, § 2, 6-9-2026)

Upon the conviction of an offense giving rise to liability under this Chapter, the Town Manager or designee shall cause a notice of assessment to be mailed to the person convicted. The notice shall include the amount of the cost recovery fee and inform the person of the right to request administrative review as provided in this Chapter.

(Ord. No. 576, § 2, 6-9-2026)

(a) Any cost recovery fee assessed pursuant to this Chapter shall be due and payable on or before the last day of the month in which the notice of assessment was mailed.

(b) If the fee is not paid when due, a delinquent penalty of ten percent shall be added on the last day of each month after the due date, not to exceed 50 percent of the original fee.

(c) Interest shall accrue on the unpaid balance at the rate of one percent per month from the date the fee became delinquent until paid.

(Ord. No. 576, § 2, 6-9-2026)

(a) Any person aggrieved by the determination to assess a fee or the amount of the fee may apply in writing to the Town Manager for administrative review within 15 days from the date the notice of assessment was mailed.

(b) The application shall state the reasons for the review and the relief requested.

(c) The Town Manager shall review the application and may affirm, reverse, or modify the determination. The Town Manager may, in discretion, conduct a hearing.

(d) Written notice of the decision shall be mailed to the applicant.

(e) If the determination is upheld, payment shall not be due until the last day of the month following the mailing of the decision, unless an appeal is filed.

(Ord. No. 576, § 2, 6-9-2026)

Any person aggrieved by a decision made pursuant to Section 11.130.070 may appeal to the Town Council in accordance with Chapter 2.04 of this Code. If the Town Council affirms the assessment, payment shall be due immediately following the Council's decision.

(Ord. No. 576, § 2, 6-9-2026)