Buena Park Municipal Code Ch. 3.40 Recovery of Costs—second Responses by Police to Parties and Other…

A. Notwithstanding any other provision of this code, the city shall be authorized to recover its costs incurred when its police department ("police" herein) respond a second time within a twenty-four 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 described in this section; and

2. There is probable cause by police to believe that a violation of Penal Code Sections 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 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 of Buena Park, 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 identified at the time of the first response, the written notice required in this section 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.

(Ord. 1256 § 1, 1991)

The costs provided for in this chapter shall be computed by the city and shall be forwarded in the form of an invoice to the owner and/or adult person in possession of the premises at the time of the police responses, and shall constitute a debt recoverable as a debt on a written contract. In the event the city is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorneys' fees, incurred as a result thereof.

(Ord. 1256 § 1, 1991)