San Jose Municipal Code Part 3 Cost Recovery

Any person causing an emergency response as a result of: (a) an intentionally committed prohibited act; or (b) intentionally bringing or attempting to bring a prohibited item to the airport shall be liable for all the expense of emergency response incurred by the City of San José. The expense of emergency response shall be a charge against the person causing the emergency response. The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied. In the event that more than one person causes an emergency response, each person shall be jointly and severally liable to the city for such expense of emergency response.

(Ord. 27142.)

A. The director shall prepare a memorandum detailing the expense of emergency response, and shall send, by both certified mail and by first-class mail postage pre-paid, a demand for payment with a copy of the memorandum of expense of emergency response to the person causing the emergency response. The expense of emergency response shall be paid by the person causing the response within thirty days of the date of the demand for payment, unless a written request for appeal hearing is received within fifteen days after the date of the demand for payment pursuant to Section 25.17.400 herein.

B. Failure to appeal the demand for payment within the time specified herein shall be conclusive of the accuracy of the demand for payment.

(Ord. 27142.)