Vallejo Municipal Code Ch. 7.83 Disturbance Abatement and Cost Recovery

It is the purpose of this chapter to provide a source of recovery for the costs incurred by the city in returning a second and subsequent time to the scene of a disturbance of the peace as defined by California Penal Code Section 415. Return calls to the scene of a disturbance to disperse or otherwise deal with uncooperative participants is a drain on personnel and resources often leaving other areas of the city without adequate levels of police protection which creates a hazard to the public, requires resources over and above the level of police services normally provided, and constitutes a public nuisance the costs of which should be paid by the responsible person or persons.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

For the purposes of this chapter, the following words and phrases shall have the meaning set forth below:

A. "Responsible person" means the person who owns the real property (except absent landlords) where the disturbance of the peace is occurring, or the person who has a possessory interest in or other right to use (e.g., a lease, tenancy at will, license, etc.) the real property where the disturbance of the peace is occurring, or the person in charge of the real property where the disturbance of the peace is occurring, or the person who organized, supervised, or caused the existence of the event or activity which is causing the disturbance of the peace. "Responsible person" also means any person who participates in the disturbance of the peace at the real property. If the "responsible person" is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for the second and subsequent city responses.

B. "Costs of second and subsequent responses" means the administrative overhead and compensation costs (salary, wages, overtime pay, benefits, etc.) of the city employees and officials for the amount of time actually expended in responding to or remaining at the disturbance of the peace; together with the actual costs of any medical treatment and other injury related costs to injured city employees or officials; and the costs of repairing or replacing any damaged or destroyed city equipment or property.

C. For purposes of this chapter only, "city employees and officials" includes, but is not limited to, peace officers and persons performing services to the city through a contract or mutual aid agreement.

D. The term "absent landlord," as used in this chapter, means an owner of real property where the disturbance of peace occurs, not residing at the real property, who does not have possession of the property due to a lease or rental agreement with a third party.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

During the first response to a disturbance of the peace, the responding city employee or official may, among other things, deliver to the responsible person or persons a "Notice of Violation: First Response" in substantially the following form:

NOTICE OF VIOLATION - FIRST RESPONSE

This notice of violation is given to you as a result of a first response of the city of Vallejo to a disturbance of the peace occurring as defined in Penal Code Section 415. You will be charged for all City personnel and equipment expenses incurred as a result of any second or subsequent response to this location in the next five (5) days.

The "Notice of Violation - First Response" may contain such other information as is deemed necessary by the chief of police to accomplish the purposes of this section.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

If the city is required to respond a second or subsequent time to a disturbance of the peace within five days of the previous response and a "Notice of Violation First Response" has been delivered to the responsible person or persons, then the city shall commence computing the response costs.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

A statement of charges incurred by the city in its second and subsequent responses shall be prepared and served upon the responsible person or persons by any reasonable means, including by mail. The amount of the charge shall be deemed a debt to the city of Vallejo of the responsible person or persons who shall be liable in an action brought in the name of the city for recovery of such amount, including court costs and reasonable attorney fees. Each responsible person shall be jointly and severally liable for the charges, costs, and attorney fees recoverable under this chapter. Notwithstanding any other provision of this chapter; the maximum fee that may be charged for a second response shall be six hundred dollars. Charges for the third or subsequent response shall be computed as described herein.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

If the responsible person is not the record owner of the real property, the city may notify the record owner that a subsequent response notice has been given.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

Information furnished and secured pursuant to this chapter shall be confidential and shall not be disclosed except to persons charged with the administration of this chapter or pursuant to a court order.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

Any person who has been held liable for costs for a second and subsequent response as defined in this chapter may appeal those charges, costs, and/or fee to a hearing officer appointed for this purpose by the city manager. The decision of such hearing officer is final.

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)

The city does not waive its right to seek reimbursement for actual costs through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal, concerning disturbances of the peace and the recovery of costs associated with the abatement thereof. This chapter in no way affects the authority of peace officers or private citizens to make arrests for any criminal offense, including a violation of Penal Code Section 415 (Disturbing the Peace).

(Ord. 1412 N.C. (2d) § 1 (part), 1999.)