Chapter 3.40
EMERGENCY RESPONSE COSTS

Sections:

3.40.010    Emergency response caused by person’s intoxication – Collection and use – Appeal.

3.40.010 Emergency response caused by person’s intoxication – Collection and use – Appeal.

A. The definitions of RCW 38.52.010, as now and hereafter amended, are hereby adopted by reference.

B. For purposes of recovering expenses of an emergency response allowed by RCW 38.52.430, the town may submit a notice of liability for the expense of an emergency response. The notice shall set forth the name of the responsible person, the date of the emergency response, the date of conviction or deferred prosecution, and the amount owing to the town. The total emergency response cost may be ordered by the court as restitution. If the total emergency response cost is not ordered by the court upon conviction or deferred prosecution for the crimes enumerated in RCW 38.52.430, the town may collect the expense of the emergency response in the same manner as a contract by sending notice to the person responsible via certified mail with a return receipt, or first class mail postage prepaid, to the person’s last known address. Notice, sent to the last known address, shall be deemed delivered three days after mailing.

C. Any fees not collected within 60 days of the court order commanding restitution if the total emergency response cost is so included, or within 60 days of the date on which the responsible person receives or is deemed to have received the notice of liability will be referred to a collection agency. The cost of collection shall be added to the amount owed by the responsible person.

D. Any person who is ordered to pay the emergency response costs may appeal the determination or amount of liability only as provided in this section. Failure to strictly comply with the procedures set forth in this section shall be deemed a waiver of the right to challenge both the determination of liability and the amount of liability.

1. The person who is deemed liable under RCW 38.52.430 must, in order to perfect an appeal, file a written request for hearing with the chief of police, as administrative hearings officer, not later than 10 days after the notice of liability is actually received or deemed received under subsection B of this section, whichever date is earlier. A written statement is “filed” with the chief of police if it is delivered to Town Hall or mailed and postmarked to Town Hall within the time specified herein. Facsimile or electronic mail is insufficient to comply with the filing requirement of this section.

2. If a written request for hearing is timely filed, the chief of police, or his or her designee, as administrative hearings officer, will then set a hearing to take place within 30 days of the request for hearing. The time period may be extended by the chief of police for good cause.

3. At the hearing, the person appealing the determination or amount of liability, or both, shall be entitled to present all relevant evidence bearing on the issue. The chief of police, or his or her designee, as administrative hearings officer, shall then make a determination on the appeal pursuant to the provisions of RCW 38.52.430 and this chapter. If the person challenging liability or the amount of liability assessed by the town fails to appear for hearing, the appeal shall be dismissed.

4. A person who is aggrieved by the decision of the chief of police shall be entitled to seek judicial review of said decision under the Administrative Procedure Act, Chapter 34.05 RCW. (Ord. 2012-05 § 7, 2012).