Sutter County Municipal Code Ch. 620 Fire Cost Recovery

Pursuant to Article XI, section 7, of the California Constitution, the County of Sutter ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens.

(Ord. No. 1689, § 1, 10-12-2021)

(a) The County of Sutter operates a fire department that provides timely and efficient services to County residents and visitors.

(b) Operating a fire department, with modern equipment and sufficient numbers of trained professional personnel, is essential for the protection of the public health, safety, and welfare of county residents and visitors.

(c) Cost recovery for fire department service calls is essential for the continued operation of the fire department as a modern, professional, and first-class public safety operation, which ultimately reduces the costs to motorists, property owners, members of the public, and their insurers, by minimizing or mitigating personal injury, property damage, and environmental harm through fast and capable responses to accidents, fires, rescues, and other incidents.

(d) In recognition of the foregoing, and to promote the public health, safety, and welfare, this ordinance authorizes the establishment of fees for recovery of costs for fire department services.

(Ord. No. 1689, § 1, 10-12-2021)

(a) Sutter County shall initiate user fees for the delivery of fire and rescue services, personnel, supplies, and equipment to the scene of motor vehicle accidents occurring within the direct protection area of Sutter County Fire Department, including all Board of Supervisor-dependent districts known as County Service Areas.

(b) The rate of user fees shall be that which is usual, customary and reasonable which may include any services, personnel, supplies and equipment.

(c) User fees shall only apply to those who have been determined to be "at-fault" in the accident. The fire chief, or designee, shall make the "at-fault" determination. For purposes of this chapter, 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 under this chapter shall be proportionately allocated according to the "at fault" determination.

(d) In order to administer and implement the provisions of this chapter, the fire chief if 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 a hearing officer pursuant to Chapter 87 of this Code.

(e) Responses involving intoxicated drivers will be billed pursuant to California Vehicle Code Section 53150.

(f) All amounts collected as a result of this ordinance shall be only to recover actual costs incurred as a result of the response to the motor vehicle accident.

(g) A schedule of billing charges to be used in all cost recovery actions shall be as prescribed in the Sutter County Fire Motor Vehicle Accident User Fee Schedule.

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

(Ord. No. 1689, § 1, 10-12-2021)