Mendocino County Municipal Code Ch. 8.80 Emergency Response Services

For the purpose of this Chapter, the following definitions shall apply:

(A) "County" means the County of Mendocino for any emergency services, emergency response, medical rescue or fire rescue services rendered within the County of Mendocino, or search and rescue performed within or in the immediate vicinity of Mendocino County. "County" shall also refer to any other County or City and County for any emergency services, emergency response, medical rescue, or fire rescue rendered to a Mendocino County resident in any other County or City and County, or search and rescue performed for a Mendocino County resident within or in the immediate vicinity of another County or City and County.

(B) "Emergency Services" means any services performed by the County or any other agency that is under contract to the County to perform immediate life and property protection measures.

(C) "Emergency Response" means any County agency or any other agency that is under contract to the County to respond to immediate emergencies which cause a threat to life, public welfare, and property. "Emergency Response" also means any response by the Sheriff's Office, or any response by the Sheriff's Office to assist another law enforcement agency, to a driver operating a vehicle under the influence of alcohol or drugs, or the combined influence of alcohol and drugs. "Emergency Response" shall also mean an incident caused by that driver that requires the use of lights or sirens on an emergency vehicle, including but not limited to, a police car, fire truck, or ambulance.

(D) "Expense of an Emergency Response" means reasonable costs incurred by any County department in making an emergency response, including the salaries and associated overhead of Sheriff, rescue and/or emergency medical services during the response, a reasonable charge for the cost of emergency vehicles used during the response, and the cost of any consumable supplies used during the response. The charge for Sheriff's salaries and overhead shall be computed using the calculations in Section 8.80.025.

(E) "Medical Rescue" means any immediate service performed by the County of Mendocino to limit or discontinue further threat or continued threat to a person(s) life by use of technical or specialized equipment and qualified trained personnel.

(F) "Fire Rescue" means any fire suppression or light rescue services performed by the County to limit or discontinue further threat or extension of continued threat to life and property by use of specialized fire suppression apparatus and qualified trained personnel.

(G) "Search and Rescue" means any services rendered by the County Sheriff to a person or persons lost or in danger of their lives within or in the immediate vicinity of this County.

(H) "Under the Influence of an Alcoholic Beverage or any Drug, or the Combined Influence of an Alcoholic Beverage and any Drug," means that a person is in that condition when, as a result of drinking an alcoholic beverage or using a drug, or both, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of this Section, the presumptions described in Sections 23152 and 23155 of the Vehicle Code shall apply.

(Ord. No. 3793 (part), adopted 1991; Ord. No. 3912 (part), adopted 1995; Ord. No. 3922 (part), adopted 1996.)

The County shall respond to emergencies in the unincorporated areas of the County that are not within a legal fire or rescue protection jurisdiction.

(Ord. No. 3793 (part), adopted 1991; Ord. No. 3912, adopted 1995.)

The charge for salaries and overhead imposed for an emergency response shall be computed by multiplying the average hourly base salary rate of Sheriff's Deputy, Sheriff's Corporal, and Sheriff's Sergeant in the fourth lowest step in the County Pay Plan, as certified by the Auditor-Controller, by two hundred percent (200%) and by multiplying that product by the total time computed in one-tenth hour segments, rounded up to the nearest one-tenth hour, of each County law enforcement officer involved in an emergency response. In addition, Workers' Compensation expenditures paid by the County to and on behalf of County employees for any injuries sustained by a County employee, and the County's cost to repair or replace equipment damaged or destroyed during a chargeable emergency response, shall be added to the charge.

(Ord. No. 3922 (part), adopted 1995.)

(A) Any person requesting or receiving the emergency response services described in Section 8.80.010 in the unincorporated areas of the County shall reimburse the County of Mendocino for the expense of an emergency response. These costs shall be a debt of that person, and shall be collectable by the County of Mendocino in the same manner as in an obligation under a contract, express or implied. The charge shall be computed pursuant to the calculations in Section 8.80.025. Payment shall be due within thirty (30) days after submission of an invoice by the County.

(B) The County may set off the amount owed under this Chapter against any amounts the County may owe the debtor. The remedies provided herein shall not prevent the County from collecting interest on amounts assessed under this Chapter, if otherwise allowed by this Code or other provisions of state law. The County may also pursue any other remedies at law or in equity to recover the amount claimed under this Chapter and to collect that amount from the debtor.

(C) Any person who is a resident of Mendocino County requesting or receiving emergency response services in another County for which Mendocino County is required to pay pursuant to Government Code Section 26614.5 shall reimburse the County of Mendocino for any such payment made to a County or City and County which rendered emergency response services. These costs shall be a debt of that person, who shall be liable to the County of Mendocino in the same manner as in an obligation under a contract, express or implied. Payment shall be due within thirty (30) days after submission of an invoice by the County.

(D) Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, and as a result operates a motor vehicle negligently or in a willfully wrongful manner, shall be liable for the expense of an emergency response by the County caused by that person's operation of the vehicle.

(Ord. No. 3793 (part), adopted 1991; Ord. No. 3912 (part), adopted 1995; Ord. No. 3922 (part), adopted 1996.)

The County or City and County of residence of a person searched for or rescued by the Mendocino County Sheriff shall pay the County of Mendocino any expenses that exceed one hundred dollars ($100) for such search or rescue services within thirty (30) days after the submission of a claim by Mendocino County (Government Code Section 26614.5.)

(Ord. No. 3793 (part), adopted 1991; Ord. No. 3912 (part), adopted 1995.)

In the event that suit is instituted to collect any sum due the County of Mendocino pursuant to this Chapter, the County, if it prevails, shall be entitled in addition to any other damages to attorney's fees as provided in this Section.

(A) "Prevail," as used in this Section, means that the filing of the action contributed significantly to securing the opposing party or parties' agreement to pay or payment of the sum sought by the County or any lesser sum, whether as a result of voluntary payment after the action is filed, formal settlement or judgment. There shall be a rebuttable presumption that if the opposing party or parties pay or agree to pay any sum to the County of Mendocino after the action is filed, the filing of the action contributed significantly to the party or parties' agreement to pay or payment.

(B) Such fees shall be established by the court upon the filing of a cost bill as provided by law or by separate motion. In determining the amount of the fee the court shall multiply the number of hours devoted to preparing and prosecuting the action, commencing when the matter is first referred to the County Counsel for collection by a reasonable hourly rate for the services provided. In determining a reasonable hourly rate, the court shall consider the reasonable market rate in the jurisdiction for the attorney's services, taking into consideration the attorney's experience and skill and shall not be limited to the amounts actually paid by the County.

(C) If there is more than one opposing party, they shall be jointly and severally liable for all of the attorney's fees awarded to the County by the court.

(Ord. No. 3793 (part), adopted 1991; Ord. No. 3912 (part), adopted 1995.)