Selma Municipal Code Ch. 8 Fire Department Service Fees and Costs

This chapter shall be known as the FEES FOR FIRE DEPARTMENT SERVICES AND COSTS ORDINANCE and shall be so cited. (Ord. 2009-6, 7-27-2009)

It is the purpose and the intent of this chapter to establish fees to cover the cost of services which the city of Selma fire department provides related to motor vehicle accidents, collisions, motor vehicle fires, motor vehicle extrications, and hazardous materials spills or discharge. (Ord. 2009-6, 7-27-2009)

The city council shall adopt and amend, from time to time, a schedule of fees as described in this chapter by resolution. (Ord. 2009-6, 7-27-2009)

Fees to cover the costs of services provided by this chapter are as follows:

(A) Motor Vehicle Accidents, Fires, And Extrications: The following fees shall be charged for recovery of costs associated with motor vehicle accidents, motor vehicle fires, and extrications:

1. Fees Charged: The fee for services provided by the city of Selma fire department in connection with response to motor vehicle accidents, collisions, motor vehicle fires, and extrications shall be determined on a case by case basis by the fire chief, his/her designee or third party billing service, in an amount not to exceed the amount reasonably borne by the city to provide such services, including, but not limited to, reasonable costs of collecting said fees, including reasonable attorney fees. Said fees shall be charged according to the usual, customary and reasonable fees as set by a schedule of fees adopted by resolution of the city council of the city of Selma which may, from time to time, be amended by resolution of the city council of the city of Selma. The fee shall not be charged to any person who is a resident of the city of Selma.

(B) Hazardous Materials: The following fees shall be charged by the city of Selma fire department for the following services:

1. Hazardous materials mitigation and/or cleanup shall be determined on a case by case basis by the fire chief, his/her designee or third party billing service in an amount not to exceed the amount reasonably borne by the city to provide such services outside the city limits of the city of Selma, including, but not limited to, reasonable costs of collecting said fees, including reasonable attorney fees. The term "hazardous materials" shall have the same meaning as the term "hazardous waste" as defined by the California department of health pursuant to Health and Safety Code section 25141. Said fees shall be charged at the usual, customary and reasonable rate as set by a schedule of fees adopted by resolution of the city council of the city of Selma which may be amended, from time to time, by resolution of the city council. The fee shall not be charged to any person who is a resident of the city of Selma.

(C) Persons Subject To Charges: The foregoing fees shall be charged, as determined by the fire chief or his or her designee or third party billing service to any person or persons whose negligent or wilful act is the cause of any motor vehicle fire, motor vehicle accident or collision or technical rescue and to any person or persons who is the owner of, or has custody and control over any vehicle involved in a motor vehicle fire, motor vehicle accident or collision and to any person, regardless of fault, responsible for the release or discharge of any hazardous materials.

(D) Nonexclusive Remedies: Nothing in this chapter precludes the city of Selma from using any other available method to recover fees or costs as described in this chapter by any other means available at law. (Ord. 2009-6, 7-27-2009)