§ 24-10.3. Liability for Emergency Response Costs.

A.

An initial response by a law enforcement, fire, or other emergency response provider to a private property for at least one (1) of the following specified conditions will initiate a warning letter to the owner:

1.

Sudden and accidental release of water onto properties or into buildings due to broken plumbing systems;

2.

Water intrusion resulting from structural leakage;

3.

Basement flooding due to malfunctioning sump pumps;

4.

Person(s) locked out of a building absent exigent circumstances;

5.

Elevator malfunctions;

6.

Lock-outs out of a vehicle with no occupants or animals in the vehicle; or

7.

Owner neglect as defined in subsection 24-10-2.D.

B.

When a law enforcement, fire, or other emergency response provider makes an initial response to a private property due to at least one of the following specified conditions in subsection 24-10.A. or owner neglect, the city's official shall, in writing, warn the owner that:

1.

The official has determined that the law enforcement, fire, or other emergency response was required due to one of the conditions specified in subsection 24-10.3.A. or owner neglect; and

2.

If law enforcement, fire, or other emergency response providers make any further emergency responses to the same property for the same specified condition or arising from the same condition of owner neglect within twelve (12) months of the initial response, the owner will be charged for the emergency response costs.

C.

When a law enforcement, fire, or other emergency response provider responds to the property because of the same specified condition or arising from the same condition of owner neglect within twelve (12) months after the warning in subsection 24-10.3.B. has been given, any and all owners shall be jointly and severally liable for the emergency response costs.

D.

The emergency response costs incurred under this section shall be established by resolution of the city council. The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. Any owner owning such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney's fees and costs. The bill shall contain the following information:

1.

The name(s) of the owner(s) being held liable for the payment of such costs;

2.

The address of the private property where the recurring emergency response due to a condition specified in subsection 24-10.3.A. or arising from the same condition of owner neglect occurred;

3.

The date and time of the emergency responses;

4.

The names of law enforcement, fire or emergency service providers who responded;

5.

The date(s) and time(s) of any previous warning given pursuant to subsection 24-10.3.B. and/or previous responses to the private property in question due to the same specified condition or arising from the same condition of owner neglect within the previous twelve months; and

6.

An itemized list of the emergency response costs for which the owner(s) is being held liable.

(Ord. No. 2992 N.S., § 1, 4-7-09)