Lompoc Municipal Code Ch. 3.32 Cost Recovery

As used in this Chapter:

"Conviction"

means a finding of guilt after trial by a jury or judge, as well as a defendant's plea of "guilty" or plea of "no contest."

"DUI"

means operation of a motor vehicle, boat or vessel, or aircraft after consumption of an alcoholic beverage or any drug, or the combination of an alcoholic beverage and any drug, and when, as a result of drinking an alcoholic beverage or using a drug, or consuming both, such operator's physical or mental capacities are impaired to a degree that he or she no longer is able to operate a motor vehicle, boat or vessel, or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of this Chapter, the presumptions of California Vehicle Code Sections 23152 and 23155 apply.

"Emergency response"

means an appropriate level of action by an employee or agent of the City in response to a necessity or exigency caused by an event or combination of events, involving DUI, that requires immediate action or remedy to avert imminent danger to life, health, or property, including but not limited to costs of arrest, citation, investigation, testing laboratory procedures, traffic control, and on-scene medical attention.

"Reasonable costs"

are those charges directly arising from the City's response to a particular DUI incident, including, but not limited to:

All direct wage costs (including salaries and benefits) of all City personnel, including supervisors and managers, involved in responding to a DUI incident;

All equipment costs, including reasonable depreciation or standard industry hourly rental amounts, plus the cost of all incidental materials and supplies involved in the emergency response;

All costs associated with secondary activities necessitated by the DUI incident, including, but not limited to, costs of field testing, laboratory testing, report generation, fingerprinting, photography, transportation, booking, incarceration, and similar requirements; and

All costs associated with the recovery and attempted recovery of costs, including, but not limited to, administrative processing costs, costs of retention of a collection agency, and court costs.

(Prior code § 1532)

Any person who is cited or arrested by the Lompoc Police Department for DUI is liable to the City of Lompoc for reasonable costs related thereto. Any person DUI who causes an accident or incident is liable to the City of Lompoc for reasonable costs related thereto. The civil liability imposed herein arises upon conviction, by adjudication or plea, of any offense requiring a finding that the defendant was DUI. Costs to be recovered pursuant to this Chapter shall be a charge against the person convicted of DUI, constituting a debt of that person and collectible by the City of Lompoc or its authorized agent in the same manner as expressed or implied contractual obligations.

(Prior code § 1533)

Upon adoption of the ordinance codified in this Chapter, and from time to time thereafter, the City Council shall, by resolution, establish a schedule of charges that reflects the reasonable costs incurred by the City of Lompoc in responding to incidents involving persons DUI. The liability of one person under this Chapter for a single incident shall not exceed $1,000.00.

(Prior code § 1534)

Upon a conviction giving rise to liability under this Chapter, the Chief of Police shall cause a notice of cost recovery liability to be mailed to the person so convicted at the address stated in the police report of the incident. In addition to the costs to be recovered, the notice shall advise the recipient of his or her rights to administrative review of such cost recovery in the manner provided by this Chapter.

(Prior code § 1535)

When cost recovery is demanded of any person in the manner provided by this Chapter, such costs are due and payable within 30 days after notification. If payment is not received within 30 days after notification, the liability will become a collection account.

(Prior code § 1536)

A. Right to Review. Any person aggrieved by a determination to recover costs as provided by this Chapter, or by a determination of the amount of the costs to be recovered, may apply to the Chief of Police for administrative review of such determination.

B. Application for Review. Applications for administrative review of cost recovery or the amount to be recovered shall be in writing and filed with the Chief of Police not later than 30 days after notice of liability for costs was mailed to the person liable therefor. In addition to requesting administrative review of such determination, the application shall contain a brief statement of reasons why the applicant believes that such determination does not comply with this Chapter and a statement of relief requested.

C. Decision. Upon the filing of an application for administrative review under this Section, the Chief of Police, or designee, shall set a date for the public hearing before the Chief of Police and give the appellant notice of such date in accordance with Chapter 1.32 of this Code. The Chief of Police shall give the appellant written notice of the decision following the public hearing as provided in Chapter 1.32 of this Code.

D. Payment of Costs. When the Chief of Police affirms a determination to recover costs or affirms the amount of costs, the affirmed costs are payable in accordance with Section 3.32.050 of this Chapter; provided, however, that if the decision of the Chief of Police is appealed to the City Council, payment shall not be due until the Council has decided the appeal.

E. Appeal. Any person aggrieved by the decision of the Chief of Police pursuant to this Section may appeal to the City Council in compliance with the Lompoc Municipal Code Chapter 1.32, except that the appeal must be filed within 30 days after the effective date of the decision by the Chief of Police, as "effective date" is defined in Section 1.32.050. If the City Council affirms a decision of the Chief of Police, payment of the costs shall be due immediately following the Council's decision.

(Prior code § 1537; Ord. 1673(20) § 7)

A. Debt collection under this Chapter may be administered by a collection or recovery agency.

B. Judicial actions for judgment and collection of the debt obligation pursuant to this Chapter shall be filed by the City's Management Services Director or designee in the Small Claims Department of the Lompoc Division of the Superior Court of Santa Barbara County. Those actions not appropriate for Small Claims Court may be brought by the City Attorney on behalf of the City of Lompoc.

C. All monies collected shall be placed in the City's General Fund and included in City budget projections.

(Prior code § 1538)

The City Council may, by resolution, establish and impose user fees for services provided by the Lompoc Fire Department in responding to the scene of any incident, including, but not limited to, motor vehicle accidents, structure fires, and hazardous materials spills. The fees shall vary based on the type and amount of services provided, and shall take account the cost of personnel, supplies, and equipment present or used at the scene. The fees shall be reasonable and shall not exceed the City's actual costs of providing services to any accident for which fees are imposed.

(Ord. 1599(14) § 1)

Fees established pursuant to Section 3.32.080 may be billed to service user or, as appropriate, the insurance carrier that provides automobile insurance coverage for each driver in an accident for which services are rendered, and the insurance carrier providing insurance coverage for any real property involved in a fire or providing other insurance coverage, which may cover an incident in connection with which the Lompoc Fire Department provides service. The City may contract with a third-party service provider for the billing and collection of such fees. All revenue collected from such fees shall be placed in the City's General Fund and may be used for any lawful purpose.

(Ord. 1599(14) § 1)