Victorville Municipal Code Ch. 8.10 Cost Recovery for Emergency Response

(a) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or city ordinances causes or allows, directly or indirectly a fire to be set, or uses any device, machine or process which causes a fire to be started through lack of maintenance, misuse, or negligence or any other device likely to start a fire, shall be liable to the city as provided in section 8.10.040.

(b) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or city ordinances fails to maintain required fire protection systems, which results in a delay in reporting of a fire or causes unnecessary fire damage due to failure of fire protection systems to operate properly, shall be liable to the city as provided in section 8.10.040.

(c) Any person or persons who willfully or maliciously, recklessly, or through gross negligence, or in violation of the law or city ordinance causes a natural gas leak to occur, causing an emergency response by the fire department, shall be liable to the city as provided in section 8.10.040.

(Ord. No. 2383, § 8, 2-19-19; Ord. No. 2433, § 5, 12-20-22)

(a) Any person, firm, association, or corporation who intentionally or through gross negligence spills flammable liquids or permits the accumulation or release of hazardous materials and by reason of such conduct creates a hazardous condition which the fire chief, in their discretion, believes must be abated or by reason of such conduct causes a fire which damages their own property or that of another, shall be liable to the city as provided in section 8.10.040.

(b) The expense of an emergency response to any spill or release or threatened release of a hazardous substance, as hereinafter defined, which poses threat or potential hazard to human life, environment, or property, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors caused or permitted the incident resulting in the emergency response as provided in section 8.10.040.

(c) This reimbursement for emergency response shall be imposed in accordance with a schedule of fees developed pursuant to the recommendation of the fire chief and adopted by resolution of the city council, as may be amended from time-to-time. Implementation of such a procedure shall not be the exclusive remedy of the city for recovery of such costs.

(d) The cost imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifiable costs to the city involved in emergency response to or prevention, abatement, mitigation or confinement of spills or releases of hazardous materials within the city limits.

(e) The fire chief shall determine the verifiable costs of the city for emergency response to hazardous materials spills or releases within city limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover city costs for emergency responses. Said schedule shall be the basis for the fire chief's recommendation to the city council.

(f) Payment of any charge hereunder shall not relieve a person or entity, its employees, agents, or contractors, from compliance with other applicable laws, rules, or regulations.

(g) The fire chief is designated as the person responsible for administering and enforcing this section.

(h) For purposes of this section, hazardous materials shall be designated as any material or substance that is identified in:

(1) Code of Federal Regulations, Title 40, Sections 261.31—261.33;

(2) Code of Federal Regulations, Title 49, Section 171.8;

(3) California Health and Safety Code, Section 25316;

(4) California Code of Regulations ("CCR"), Title 8, Subchapter 7, Group 16, Regulated Carcinogens;

(5) The list of hazardous substances prepared by the director of the department of industrial relations, pursuant to Section 6382 of the California Labor Code, as set forth in Section 339 of Title 8 of the California Code of Regulations, including but not limited to carcinogens, toxic or hazardous water pollutants, hazardous air pollutants, airborne chemical contaminants, restricted pesticides, or toxic material;

(6) The list of hazardous or extremely hazardous wastes prepared by the director of the department of health services pursuant to Section 25140 of the California Health and Safety Code (as set forth in 22 CCR commencing with Section 66261.1) including but not limited to wastes which could cause death, contribute to an increase in incapacitating or irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed, or otherwise managed;

(7) Any substance which is known by its handler to be likely to pose a significant present or potential hazard to public health, environment, and/or property.

(i) A material may be added to the list of hazardous materials as defined in subsection (h) of this section upon a finding by the fire chief that the material, because of its quantity, concentration, or physical or chemical characteristic, poses a threat or potential hazard to human life and/or health, environment, or the property if released into the community.

(j) An emergency response shall be defined as a response by the city fire department or other agency having jurisdiction to prevent, abate, mitigate, or confine a spill or release of a hazardous substance within city limits in order to protect human health and/or life, environment, or property from a threat or potential hazard.

(k) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping, or disposing into the environment or property.

(l) Any person or entity, its employees, agents, or contractors, who causes, permits, or is responsible for a spill or release of a hazardous material within the city limits, upon notification of the same, shall immediately stop all activities causing or likely to cause reoccurrence or continuation of such spill or release and shall not resume such activities unless and until so directed by the fire chief.

(m) No person or entity, its employees, agents, or contractors shall dispose of or store any hazardous materials on public property except under direction of the fire chief.

(Ord. No. 2383, § 8, 2-19-19; Ord. No. 2433, § 5, 12-20-22)

In the event that any costs are incurred by the fire department in fighting a fire or taking measures to prevent a fire on public streets or highways, or on any property owned by the city, any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or city ordinances causes or allows, directly or indirectly, such fire shall be liable as provided in section 8.10.040.

(Ord. No. 2383, § 8, 2-19-19; Ord. No. 2433, § 5, 12-20-22)

Any person, firm, association, or corporation who becomes liable to the city under section 8.10.010, 8.10.020 or 8.10.030 shall be liable for the cost of the services of the fire department, manpower, fire apparatus, and any other extinguishing agents, and such cost may be charged to and collected from such person or persons. Such charge shall constitute a debt of such person, firm, association, or corporation to the city and is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied. The amount of such debt shall be determined in accordance with section 8.10.050.

To the extent applicable within the context of this chapter, California Health and Safety Code Sections 13007, 13008 and 13009 are incorporated herein by this reference.

(Ord. No. 2383, § 8, 2-19-19; Ord. No. 2433, § 5, 12-20-22)

The recovery costs/fees for the fire services rendered under this chapter 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, materials, and equipment present or used at the scene. Said cost recovery fee resolution may include an administrative overhead charge to be determined in accordance with the normal accounting practices of the city.

(Ord. No. 2383, § 8, 2-19-19; Ord. No. 2433, § 5, 12-20-22)