Salinas Municipal Code Art. I A. - Cost Recovery

(a) Fees are established to recovery from at-fault persons the cost of services provided by the Salinas Fire Department in responding to the scene of an incident. The cost recovery fees are for services directly beneficial to the at-fault person in that they serve to limit the extent of damages or potential damages arising from his or her acts or omissions.

(b) The amount of recovery for specified fire services shall be set by resolution of the city council, shall be based on the type and amount of services provided, and shall not exceed the recovery of the actual cost of personnel, supplies, and equipment present or used at the scene, including the city's administrative costs in effect at the time such services are provided.

(c) The fire chief or his designee shall make the at-fault determination. In order to administer and to implement the provisions of this ordinance, the fire chief is authorized to adopt written rules and regulations that are consistent with the provisions of this section, including those related to billing, collection, and dispute resolution, including appeal to the city manager or his designee or to the city council.

(d) For purposes of this ordinance, a person is "at-fault" if his or her willful, reckless, or negligent acts or omissions are a proximate cause of the incident. More than one person may be considered "at-fault," in which case the fees established under this ordinance shall be proportionately allocated according to the at-fault determination.

(e) This section shall not apply to response costs covered by California Government Code section 53150.

(f) The provisions of this ordinance are not intended to establish or to create a special relationship with any particular person or group of persons who will or who may be affected by the provisions of this chapter. This ordinance neither creates nor imposes any duty on the part of the city nor any of its departments, divisions, officials, agents or employees. Nothing in this chapter shall be interpreted as requiring or promising any response by the city or any of its departments to the scene of any incident.

(Ord. 2558(NCS), § 1, 4-28-2015)