Monrovia Municipal Code Ch. 9.45 Costs of Emergency Response

The City Council finds that the State Legislature has enacted Cal. Gov't Code Title 5, Division 2, Part 1, Chapter l, Article 8 (beginning with § 53150), for the purpose of permitting public agencies to recover the cost of emergency responses to incidents caused by persons under the influence of an alcoholic beverage or drug, or both. It is in the best interests of the public safety, welfare, and convenience of the city as well as in fairness to its citizens that the city require those persons utilizing or requiring emergency responses as a result of the influence of an alcoholic beverage or drug, or both to defray the city's expense for providing the same.

(`83 Code, § 9.45.010) (Ord. 92-18 § 1 (part), 1992)

As used in this chapter, the following words and terms shall have the meanings indicated in this section unless it is apparent from the context that a different meaning is intended:

EXPENSE OF AN EMERGENCY RESPONSE. Reasonable costs incurred by the city in making an appropriate emergency response to the incident, but shall include only those costs directly arising because of the response to the particular incident.

REASONABLE COSTS. Include the costs of providing police, firefighting, rescue and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

(`83 Code, § 9.45.020) (Ord. 92-18 § 1 (part), 1992)

(A) 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, whose negligent operation of a motor vehicle, boat, vessel or aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, shall pay to the city the reasonable costs of providing such emergency response. In no event shall a person's liability under this chapter exceed the maximum allowable under state law at the time of the incident.

(B) The city departments involved in the emergency response shall compute the reasonable costs of providing such response and advise the City Manager of such costs. The value of the individual emergency response services may be prescribed by resolution of the City Council, or, if they have not been so prescribed, shall be determined by the city departments involved in the emergency response in conjunction with the Finance Department. The person responsible for the emergency response incident shall be billed for the reasonable costs of the response by the Finance Department, and payment shall be due and payable within 15 days of the billing date. Should the amount of the bill not be paid when due, the city may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of the law.

(`83 Code, § 9.45.030) (Ord. 92-18 § 1 (part), 1992)

(A) Any person receiving a bill for emergency response expenses may, within 15 days after the billing date, file a written request appealing the imposition of liability or reasonableness of the bill. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the Hearing Officer. Within ten days after the hearing, the Hearing Officer shall give written notice of their decision to the appellant.

(B) Upon the filing of a request for an appeal, payment of the bill for emergency response services shall be suspended until notice of the decision of the Hearing Officer.

(C) If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after notice of the decision of the Hearing Officer.

(`83 Code, § 9.45.040) (Ord. 92-18 § 1 (part), 1992)