Encinitas Municipal Code Ch. 10.08 Reimbursement for Protective Services

The purpose of this chapter is to provide for a procedure for obtaining reimbursement from responsible individuals for the expenses of any emergency response and/or code enforcement action by the City of Encinitas Fire and Marine Safety Department to protect the public from fire, hazardous substances, or other negligent activities.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)

The meaning of the terms used herein shall be as set forth in the California Code of Regulations Title 24, Fire and Building Code, then adopted and in use in the City, and such terms as are included in Chapter 1, Part 1 of Division 12 of the Health and Safety Code § 13000 et seq. relating to liability for fires and hazardous substances.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)

A. In accordance with the Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by a fire or hazardous substance shall reimburse the City for the costs incurred.

B. In accordance with Government Code 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat, or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires the agency to provide an emergency response shall reimburse the agency for the cost incurred.

C. In accordance with Health and Safety Code Section Sections 13146(b) and 13146(f), the City of Encinitas Fire Chief, and his or her authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal and charge a fee not to exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Government Code § 66014.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)

False Alarm means any alarm activation that results in an emergency response when no fire or hazardous condition exists.

The City will respond to up to two false alarm per site per year at no charge. Beginning with the third false alarm in a calendar year, the property owner or responsible party shall pay the City's response costs, as set by City Council resolution. If a false alarm is due to negligence, lack of maintenance, or unlawful conduct, the City may recover costs from the first occurrence.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)

The Fire Chief, or designee, shall issue written notice of any charges. The responsible party may appeal in accordance with City procedures.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)

If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution:

A. Confirm or disallow the charge, in full or in part;

B. Determine the amount of reimbursement owed by the party to the City; and

C. Direct that the City commence collection proceedings against the party.

(Ord. 87-16; Ord. 2025-21, 12/10/2025)