La Mesa Municipal Code Ch. 11.13 Cost Recovery for Reimbursable Expenses Caused by Fire or Other…

The city may impose upon the responsible person or entity the reasonable cost of fire prevention, fire suppression, investigation, or the protection of the public from fire and other hazardous conditions that result from any of the following conditions or activities:

(a) Negligent manufacture, transportation, storage, handling, burning or unauthorized and/or accidental release of hazardous or toxic chemicals or substances, flammable liquids, materials or substances, or any material or substance which creates a health hazard (as defined in the currently adopted Uniform Fire Code, Health and Safety Code, Labor Code, or other related codes and ordinances);

(b) Negligently creating, permitting, maintaining a fire or other hazardous condition;

(c) Failure to correct a hazardous condition for which a "Notice of Correction" has been previously given by the city of La Mesa Fire Department; and

(d) Setting a fire negligently or in violation of any ordinance, law, regulation, or statute of the city of La Mesa, county of San Diego, or state of California.

(Ord. 2424; April 22, 1986)

The meaning of all terms in this chapter, not otherwise defined, shall be set forth in the currently adopted Uniform Fire Code and Health and Safety Code.

(Ord. 2424; April 22, 1986)

Whenever the fire chief of the city of La Mesa determines that the city or its agent has incurred costs for fire prevention, fire suppression, investigation or protection of the public safety, when a fire or other hazardous condition has resulted from the activities specified above, he shall:

(a) Calculate the cost incurred;

(b) Identify the person or persons responsible; and

(c) Send, by certified mail, an invoice of all appropriate charges.

(Ord. 2424; April 22, 1986)

The "costs incurred" shall include all necessary expenditures to correct or mitigate the hazardous condition, or extinguish the fire, including, but not limited to:

(a) The cost of manpower;

(b) The cost of administration;

(c) The cost of extinguishing and/or mitigation agents;

(d) The reasonable value of the use of equipment by the agency incurring costs in the use of that equipment;

(e) The cost incurred for removal, transportation, temporary storage, and disposal of all unauthorized and/or accidental releases of hazardous substances, flammable liquids, materials or substances as defined in currently adopted city and state codes and ordinances; and

(f) The cost of legal fees incurred.

(Ord. 2424; April 22, 1986)

If said costs are not paid within thirty days from the date of the invoice, said matter shall be referred to the city attorney's office for appropriate action.

(Ord. 2424; April 22, 1986)