Chula Vista Municipal Code Ch. 9.05 Emergency Response Cost Recovery

Sections:

• 9.05.010 Definitions.

• 9.05.020 Emergency response cost recovery program.

• 9.05.030 Collection of costs.

A. “Expense of an emergency response” means those costs incurred by the City of Chula Vista in making an appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the particular incident, including, but not limited to, the costs of providing police, firefighting, rescue and emergency medical services at the scene of the incident, as well as the salaries and fringe benefits of the personnel responding to the incident. Those recoverable costs will include damage or destruction to City of Chula Vista property.

• B. “Intentionally wrongful conduct” means conduct intended to injure another person or property. (Ord. 2318 § 1, 1989).

Pursuant to the authority vested in the City of Chula Vista by Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, each person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, boat, vessel, or aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, or whose intentionally wrongful conduct proximately causes any incident resulting in appropriate emergency response, shall pay to said City the expense of such an emergency response. In no event shall a person’s liability under this chapter exceed the maximum allowable under state statute, and all costs assessed pursuant to this chapter shall reasonably relate to the actual cost of the expense incurred by the City. (Ord. 2318 § 1, 1989).

The expense of an emergency response shall be determined by the Director of Finance and charged against the person liable for the expenses under this chapter by the Director of Finance. The charge constitutes a debt of that person to the City of Chula Vista, and is collectible by said City in the same manner as in the case of an obligation under a contract, expressed or implied. If the charges are not paid within a reasonable time of demand, the Director of Finance and the Director of Personnel are authorized to reduce the claim to judgment in the appropriate small claims court or other jurisdiction. (Ord. 2318 § 1, 1989).