Colusa Municipal Code Art. V Emergency Response; Recovery of Costs

California State Government Code, section 53150 through 53158 inclusive, provides authority for the city to recover emergency response costs against any person whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft while under the influence of an alcohol beverage or drug or both approximately causes any incident resulting in an emergency response by the city police or fire department.

(Ord. No. 376, § 1.)

(1) The chief of police or his or her designee will review all DUI arrest reports and shall initiate appropriate billing documentation to be forwarded to the director of finance. Potential cost recovery cases shall be identified using the following guidelines:

(a) Driving under the influence of alcohol and/or drugs is evidenced by objective symptoms observed by the arresting officer and a blood, breath or urine test above the legal limit (.08%) alcohol level; and

(b) Negligent operation of a motor vehicle is evidenced by either an accident or the commission of a moving violation as defined under the Vehicle Code, division 11; and

(c) The incident evidenced by an accident or a moving violation was proximately caused by driving under the influence of alcohol and/or drugs; and

(d) The incident necessitated an emergency response, which entailed the use of emergency lights and/or siren by police or fire units responding to the incident.

(2) A motorist arrested for other criminal acts resulting from intentionally wrongful conduct while operating a motor vehicle will be billed only if one or more of the following criteria is met:

(a) A motor vehicle was operated with the apparent intent to injure another person or property; or

(b) A motorist attempts to evade arrest for acts involving operation of a motor vehicle with conduct intended to injure another person or property; or

(c) A motorist rammed or threatened to ram police vehicles or property in the course of attempting to evade arrest.

(Ord. No. 376, § 1; Ord. No. 392, § 1.)

The city will bill the motorist only for the direct cost to the city for the emergency response. In determining the proper charges, consideration shall be given to the fact that all of the resources of the police and fire departments are involved in servicing these calls, including personnel costs, court costs, vehicles, materials, supplies, utilities, etc.

The cost to be recovered for an emergency response on behalf of the police and fire departments shall be established by and set forth in resolution of the city council which shall be reviewed and amended from time to time.

(Ord. No. 376, § 1.)

All emergency response costs shall be considered a civil debt of that person responsible and shall be collectible by the city in the same manner as a contract obligation. Collection is not conditioned upon a conviction of the responsible motorist. In the event of a dismissal of all charges or an acquittal after trial the city will reimburse the motorist.

(Ord. No. 376, § 1.)

All emergency response costs bills shall be paid within thirty days after the initial billing is mailed. The bill shall be considered delinquent if not paid within thirty-days or no other arrangements have been made for partial payment during said thirty-day period. All delinquent bills may be referred to a collection agency hired by the city, or be recovered pursuant to an action in small claims court. No action shall be initiated, however, until after criminal charges have been completely adjudicated.

(Ord. No. 376, § 1.)

(1) All persons subject to billing pursuant to this article shall have the right to appeal to the director of finance within fifteen days of the date of receipt of the billing. The director of finance will review the bill for accuracy and, if the bill is found to be in error, there will be a correction or appropriate rescission.

(a) All persons aggrieved by the determination of the director of finance may appeal to the city council by filing a written notice with the city clerk, within ten days after notice of the director of finance's decision.

(b) As soon as possible, but no later than thirty days after the filing of such notice, the city council shall fix a time and place for public hearing on the appeal, which hearing shall be held within thirty days after the date thereof has been so fixed.

(c) Written notice of the time and place of such hearing shall be given to the aggrieved person by the city clerk either (1) by personally delivering to such person written notice thereof, or (2) by mailing such notice, by depositing the same in the United States Post Office in a sealed envelope, postage prepaid, addressed to the person at his or her last known address.

(d) The subject of the hearing before the city council shall be limited solely to the accuracy of the billing; the decision of the council shall be final and conclusive.

(2) The final bill shall than be transmitted to the director of finance for final processing and collection.

(Ord. No. 376, § 1.)