Chico Municipal Code Ch. 9.70 Assessment of Second Response Costs

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter in order to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second response to a loud or unruly event from the person or persons responsible for such event.

(Ord. 2086)

The city council finds as follows:

A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter;

B. That frequently, police and fire department personnel are required to respond a second time to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated by reason of the fact that such person or persons fail to take the steps necessary to terminate such unlawful conduct; and

C. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second response to such event in those situations in which such person or persons were duly warned that a second response fee would be assessed against them at the time of the initial response to the event.

(Ord. 2086)

For purposes of this chapter, the terms loud event and unruly event are defined as follows:

A. A loud event shall mean an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is, therefore, unlawful in accordance with the provisions of chapter 9.38 of this code.

B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the State of California.

(Ord. 2086)

For purposes of this chapter, a person shall be considered to be responsible for a loud or unruly event if:

A. Such person is entitled to possession of any private property on which the event occurs, because that person is either an owner entitled to possession of such property or is a lessee or tenant entitled to possession of the property;

B. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or

C. Such person accepts responsibility for the event.

(Ord. 2086, Ord. 2331)

Any person responsible for a loud or unruly event shall be civilly liable to the city for all costs incurred by the city arising out of a second response which is made by the city police or fire department to such an event where:

A. The city police or fire department initially responded to a loud or unruly event during the preceding 72 hour period;

B. At the time of making such initial response, personnel from the city police or fire department warned such person, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time to a loud or unruly event at the same location within 72 hours, such person would be assessed a second response fee as and for the city’s second response costs in the amount provided for by this chapter;

C. Following such initial response, the city police or fire department were required to respond a second time to a loud or unruly event at the same location, notwithstanding such written warning; and

D. A citation was issued to such person at the time of the second response because the event was being conducted in an unlawful manner and that person was subsequently convicted of the charges set forth in the citation.

(Ord. 2086, Ord. 2331)

The amount of the costs incurred by the city as a result of a second response to a loud or unruly event shall be determined by the chief of police based on the number of police and fire department personnel participating in the second response, the time spent in making such response, and a schedule of police and fire department personnel costs adopted by resolution of the city council.

(Ord. 2086)

Where personnel from the city police or fire department responding to a loud or unruly event determine that the unlawful conduct occurring at such event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person as a result of the event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of or observed at the event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time to the same or a similar event within a 72 hour period, such person will be assessed a second response fee as and for the city’s second response costs in the amount provided for by this chapter, which fee shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second response. Any person issued a written warning in the manner provided for by this section shall sign the warning acknowledging receipt thereof.

(Ord. 2086, Ord. 2331)

Where the chief of police determines that a second response has been made to a loud or unruly event within a 72 hour period following the initial response to such an event at the same location, the chief of police shall assess a second response fee against any person responsible for the event when all of the following apply: 1) that person was issued a written warning at the time of the initial response in the manner provided by this chapter; 2) a citation was issued to that person as a result of the second response because the event was being conducted in an unlawful manner; and 3) that person was convicted of the charges set forth in citation. Such fee shall be in an amount equal to the costs incurred by the city for all of the police and/or fire department personnel participating in the second response, as determined by the chief of police in the manner provided by this chapter, or the sum of one thousand dollars ($1,000), whichever is less. Where two or more persons are assessed a second response fee for the same loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee.

(Ord. 2086, Ord. 2331)

Upon determining to assess a second response fee against a person responsible for a loud or unruly event, the chief of police shall cause notice of the assessment to be served on such person by depositing such notice, first class postage prepaid, in the United States mail addressed to the person at the person’s last known address. In addition to setting forth the amount of the second response fee, such notice shall set forth the right of the person so assessed to request administrative review of the assessment in the manner provided by this chapter.

(Ord. 2086, Ord. 2268, Ord. 2331)

Every second response fee assessed upon a person responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a second response fee to pay such fee when due, a delinquency penalty of ten percent 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 of the fee. In addition, in the event of the failure of a person assessed a second response fee to pay such fee when due, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid.

(Ord. 2086)

A. Right to Administrative Review. Any person assessed a second response fee in the manner provided by this chapter may apply to the chief of police for administrative review of the determination by the chief of police to assess such fee and/or the determination of the chief of police as to the amount of the fee.

B. Application for Administrative Review. Application for administrative review of a determination of the chief of police to assess a second response fee or a determination of the chief of police as to the amount of the such fee shall be in writing and shall be filed with the police department by the person against whom the fee was assessed no later than 15 days from the date the notice of assessment of the fee was mailed to such person. In addition to setting forth the request for administrative review of such determination, such application shall contain a brief statement of the reasons why the person against whom the fee was assessed believes that the determination does not comply with the provisions of this chapter as well as a statement of the relief being requested.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of the determination of the chief of police to assess a second response fee or a determination as to the amount of such fee, the chief of police shall consider the application and render a decision either confirming such 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 the determination. If such a hearing is convened, notice of the date, time, and place of the hearing shall be served by mail on the person having requested administrative review of the determination 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 having requested administrative review of the determination.

D. Payment of a Second Response Fee Following Administrative Review. Where the chief of police renders a decision to affirm a determination to assess a second response fee and/or to affirm a determination as to the amount of the fee so assessed, either 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 due and payable until the last day of the month immediately following the month in which notice of such decision was mailed to the person against whom the fee was assessed.

(Ord. 2086, Ord. 2268)

Where the chief of police renders a decision affirming a determination to assess a second response fee in whole or in part after administratively reviewing the determination in the manner provided by this chapter, the person against whom the fee was assessed and who requested administrative review of such determination may appeal the decision to the city council. Such appeal shall be filed within the time and in the manner provided by Chapter 2.80 of this code; provided, however, that no person shall be entitled to appeal such decision unless and until such person has deposited with the city clerk an amount equal to 50% of the amount of the fee in dispute.

In the event the city council, after considering an appeal from a determination of the chief of police to assess a second response fee, determines that the fee was improperly assessed or that the amount of the fee exceeds that which should have been assessed, the city clerk shall cause any portion of the fee deposited with the city clerk found by the city council to be improperly assessed to be refunded to the person filing the appeal.

(Ord. 2086)