Brea Municipal Code Ch. 3.28 Recovery of Costs by Police

A. Notwithstanding any other provision of this code, the city shall be authorized to recover its costs incurred when any members of its Police Department respond a second time within a twenty-four (24) consecutive hour period to any party or other assemblage of persons within the city if:

1. The owner and/or other adult person in possession of the premises has, at the time of the first response, been delivered a written notice as hereinafter described or such written notice has been posted as authorized herein; and

2. There is probable cause by police to believe that a violation of Cal. Penal Code §§ 407, 415 or 416 has occurred on the premises anytime after first responding.

B. The written notice required to be provided shall state words to the effect that a warning is hereby given that if police are again requested, or are otherwise required to respond to the same location within twenty-four (24) hours thereafter, such second response may be deemed to be a special security assignment over and above the law enforcement services normally provided, and the owner and/or other adult person in possession of the premises shall be liable for payment of all costs incurred by the city, including administrative costs and overhead, in providing such law enforcement services.

C. If no owner or adult person in charge of the premises can be located or identified at the time of the first response, the written notice required herein may simply be posted in any visible outdoor location near any entrance to the premises. In such event, the owner and any other adult person in possession of the premises at the time of the response by police may be held jointly liable for the costs of such second response, as provided herein.

(1961 Code, § 15A.1; Ord. 919)

A. Each owner and/or adult person in possession of a premises who becomes liable for costs pursuant to this chapter shall pay all such costs as computed and invoiced by the city, which shall not exceed the actual costs incurred by the city, including administrative and overhead costs, in providing the special law enforcement services provided for herein. It is a violation of this section to fail to pay any such costs when due.

B. Costs are due and payable upon receipt of an invoice therefore from the city. Any such invoice is delinquent if unpaid thirty (30) days after the date of the invoice. Any invoice that becomes delinquent shall be subject to a monetary penalty as follows.

1. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the cost shall be added, plus, commencing each month thereafter, an additional penalty of ten percent (10%) of the original fee shall be added, up to a maximum penalty amount not to exceed the original invoiced amount.

2. The city shall be authorized to utilize any and all legal means available to collect a past due invoice, including accrued penalties, and the same shall be deemed to be a debt on a written contract. In the event the city is required to institute any legal action to recover such costs, it shall be entitled to recover its reasonable attorney’s fees and all other costs of collection.

(Ord. 1130, 11-17-2009)