§ 9-54. Civil liability.

(a)

This article shall be construed to be a responsibility and liability of a civil nature on the part of the driver and shall not be construed to conflict, contravene or enlarge or reduce any criminal liability or responsibility, including fines imposed by a judge on a driver for operating a motor vehicle while under the influence of an alcoholic beverage and/or controlled substance. Nor shall this article be construed to impose criminal sanctions based solely on this article, as to the responsible party in a hazardous or toxic waste violation.

(b)

The fire chief, shall within a reasonable time of receiving itemized costs incurred for emergency response, submit a bill for same by first class mail or personal service to a person or entity liable for these expenses as enumerated under this article. Said bill shall require full payment in 30 days from the date of billing.

(c)

If any person or entity fails to reimburse the city as provided and such person or entity is the owner of the affected property, the city shall have the right and power to add any and all costs of cleanup and restoration to the tax roll as to such property, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property. This remedy is in addition to any other remedy available to the city allowed by law.

(d)

Any person receiving such a bill shall have the opportunity to appeal all or any portion of the amount shown on such bill by filing a written request for same with the fire chief within 30 days of receipt of an invoice from the city. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. Such appeals shall be heard by the assistant director of the inspection department, as hearing officer, or, in his absence, the director of the inspection department or his designee. If the hearing officer determines that the appellant is not properly responsible for any or all of the amount charged, the hearing officer may waive such charge against the appellant. The findings and decisions of the hearing officer shall be in writing and filed with the office of the fire chief.

(Ord. No. 541, § 1, 12-6-95; Ord. No. 697, art. I, 12-17-03)

Editor's note

Section 9-54, formerly included as section 11-146, has been transferred to this location for purposes of classification.