Chapter 4.21
Recovery of Costs Related to Emergency Response
4.21.10 Findings
The City Council finds as follows:
A. The false reporting of an emergency or of a criminal offense unreasonably diverts vital and critical public safety resources.
B. Owners and/or occupants of certain businesses and properties utilize a disproportionate amount of public safety resources thereby diverting these critical resources from other parts of the City.
C. Owners and/or occupants of certain businesses and properties require extraordinary public safety services in response to criminal and/or nuisance activities associated with the use and/or occupancy of the premises.
D. Deterring the making of false claims and the unnecessary or excessive use of public safety resources would free up critical resources for the benefit of the public and the community as a whole.
E. It is therefore in the public interest for those who misuse police and fire resources by falsely reporting an emergency or a criminal offense or who utilize a disproportionate amount of public safety resources and require extraordinary public safety services or responses to be liable for the costs incurred by the City. (Ord. 2012-03 § 1)
4.21.20 Purpose
The purposes of this Chapter are to assist the City in defraying the cost of emergency services when the negligent or criminal actions of owners and/or occupants of certain properties or users of City facilities or infrastructure require extraordinary response from law enforcement or fire/EMS, when a person files a false report of nuisance or criminal activity that requires investigation or when nuisance activities cause the City to incur extraordinary response costs; and to deter or prevent future extraordinary safety services responses and the diversion of critically important public safety resources. (Ord. 2012-03 § 1)
4.21.30 Definitions
The following definitions apply to this Chapter:
A. "Ambulance company" shall mean any medical transport service contracted by the County of Los Angeles to perform services in the City.
B. "Emergency" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle or aircraft.
C. "Emergency response" means the dispatch of one (1) or more sheriff or one (1) or more fire/EMS personnel to a property within the City for a disturbance or other emergency. A response to a security or fire alarm does not constitute an “emergency response” under this Chapter.
D. "Extraordinary public safety services" means any of the following:
1. The response of three (3) or more sheriff’s deputies to a single emergency;
2. The response of three (3) or more fire/EMS crews to a single emergency;
3. The second (2nd) emergency response to the same property within a thirty (30) day period;
4. The third (3rd) emergency response to the same property within a ninety (90) day period.
E. "False report" means a verbal report to the City or the Los Angeles County Sheriff’s Office or other emergency services personnel via 911 dispatch or any other communication, directly or indirectly to a Sheriff’s Deputy, or a report filed in writing, that a felony or misdemeanor has been committed or that an emergency exists, when filed by an individual who knows the information to be false.
F. "Occupant" means any individual who occupies or controls property at the time of the response.
G. "Owner" means any individual person who has legal title to the property at the time of the response.
H. "Parent or guardian" shall mean a parent with legal custody, guardian, conservator, or relative caregiver of the minor. "Relative caregiver" means a relative, as defined in Section 6550(i) of the California Family Code, who assumed primary responsibility for the minor while the child was in the relative’s care and control, and who is not a biological or adoptive parent. (Ord. 2012-03 § 1)
4.21.40 Response Cost Recovery
The costs of emergency responses and responses to false reports shall be assessed to persons causing the emergency or necessitating the response as follows:
A. Every person who makes a false report shall be liable for all of the City’s actual costs, both direct and indirect, incurred as a result, including the expenses investigating and/or responding to the false report.
B. Any owner or occupant of a business or property whose criminal or negligent activity results in the provision of extraordinary public safety services to that business or property shall be liable for all of the City’s actual costs, both direct and indirect, incurred as a result. Negligent activity may include such things as oil spills and hazardous operation of a vehicle.
C. Where initial emergency services have been provided at a business or property and the owner or occupant of such business or property has received written notice from the City subsequent to the provision of initial services informing him that the owner or occupant’s actions or failure to act resulted in the provision of unnecessary or unwarranted emergency services and that repeated calls for service could result in liability, then the owner or occupant of such business or property shall be liable for all of the City’s actual costs, both direct and indirect, incurred in providing extraordinary public safety services at such business or property after the written notice was provided.
D. Where an owner or occupant of a business or property fails to implement and/or abide by a plan provided by the City under Section 4.21.50, the owner and occupants of the business or property shall be jointly and severally liable for the actual cost of providing extraordinary safety response services incurred from the time the plan is provided, until the owner or occupant implements and abides by the plan.
E. Any person whose negligence causes an incident resulting in an emergency response necessary to protect the public from a real and imminent threat to health and safety to confine, prevent, or mitigate the release, escape, or burning of hazardous substances shall be liable for all expenses incurred to the extent permissible under California Health and Safety Code Section 13009.6.
F. An owner or occupant shall not be liable under this section if that person was not the owner or occupant of the property during the time the extraordinary public safety services were rendered.
G. An owner or occupant who is an individual person and is the victim of a crime shall not be liable for the extraordinary public safety services related to that crime.
H. Any cost recovery or other remedy provided by this Chapter is civil, not criminal, and is in addition to any other available remedy provided by law, including administrative citations and penalties. (Ord. 2012-03 § 1)
4.21.50 Security and Safety Plans
Whenever the City provides emergency response to a particular business or property, the City may provide the property owner or occupant with written notice specifying the emergency services provided and providing a written plan for improving the security and safety of the property or business. The plan shall include:
A. Reasonable, specific, tangible methods for improving security or safety and minimizing the need for emergency response services; and
B. A reasonable deadline for implementation of the plan. (Ord. 2012-03 § 1)
4.21.60 Calculation of Emergency or Extraordinary Response Costs
Calculation of the amount due for an emergency response related to extraordinary response shall include all actual costs incurred by the City in responding to the incident. These shall include all costs for contracted law enforcement services invoiced to the City for the particular incident, as well as fire department fees as established by resolution of the City Council. Any costs related to the cost of equipment on scene, and the cost of repairing or replacing equipment damaged at the scene shall also be calculated into the total cost. (Ord. 2012-03 § 1)
4.21.70 Costs Not Recoverable
Time spent by responding personnel on activities that are not customarily required as a consequence of investigating and mitigating an incident is not eligible for reimbursement. Recoverable costs are restricted to those directly arising because of a response to a particular incident. Thus, salary costs incurred after a subject is booked are not recoverable as expenses of an emergency response. Additionally, the cost of an officer’s time testifying against a defendant arising from a decision to prosecute the defendant is not recoverable. (Ord. 2012-03 § 1)
4.21.80 Collection of Charges
A. The City Manager shall calculate the charges payable under this section and shall cause a bill to be prepared within thirty (30) days of the qualifying incident. The bill will be sent to the responsible person’s address that is listed with the Los Angeles County Assessor’s Office and transmitted through certified mail, return receipt requested. Service of the bill shall be deemed to have been completed on the date of mailing.
B. If the responsible person is a minor, the parents or guardians of such minor shall be liable for the charges payable under this Chapter.
C. In the event that the bill is not paid in full within thirty (30) days of its issuance, the City Manager may pursue any and all legal and equitable remedies for the collection of unpaid amounts, including further outreach by additional collection letters, referral to a collection agency, and by civil action. Where costs levied under this Chapter are not paid within thirty (30) days of being billed, a penalty equaling ten (10) percent of the levied amount will be assessed on the day following the due date. Thereafter, the delinquent amount will incur an interest penalty of one (1) percent of the outstanding balance accrued every thirty (30) days. (Ord. 2012-03 § 1)
4.21.90 Appeal
Any responsible person or the parent or guardian of a responsible person, if he/she is a minor, may contest response costs assessed under this Chapter by submitting a written request to the City for an appeal hearing, clearly stating the reasons for the appeal, within fifteen (15) days from the date of receipt of a bill by the responsible person. An appeal fee will be paid, as set by Council resolution. A hearing before a hearing officer shall be set for a date that is not less than fifteen (15) nor more than sixty (60) days from the date the request for hearing is filed. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of hearing. (Ord. 2012-03 § 1)
4.21.100 Hearing
A. No hearing to contest a bill for response costs issued under this Chapter before a hearing officer shall be held unless and until a written request for a hearing has been timely submitted.
B. The hearing shall not be open to the public.
C. The appellant shall be given the opportunity to testify and present witnesses and any relevant evidence concerning the identity of the responsible person and/or incorrectly charged costs.
D. The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he/she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he/she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.
E. The failure of the appellant to appear at the appeal hearing shall constitute acceptance of the charges and shall be considered a concession that the emergency or extraordinary response cost was properly issued.
F. Notwithstanding the above, upon a showing of good cause by the appellant, the hearing officer may excuse the appellant’s failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one (1) time.
G. The bill for the emergency or extraordinary response cost and any additional documents submitted by the City Manager shall constitute prima facie evidence of the respective facts contained in those documents.
H. Neither the City Manager nor any other representative of the City shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the bill which references the services provided as well as the amount charged. However, any such appearance and/or submission may be made at the discretion of the City Manager or any city employee or agent.
I. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of the bill, reports, and other documents submitted or relied upon by the City Manager. At least ten (10) days prior to the hearing, the City shall be provided with copies of any documents relied upon by the appellant to contest the charges included in the bill for response costs. No other discovery disclosure is required. If the City submits any additional written evidence in support of the bill for response costs to the hearing officer for consideration at the hearing, then a copy of the report also shall be served by certified mail on the appellant at least five (5) days prior to the date of the hearing.
J. The hearing officer may continue the hearing and request additional information from the City or from the appellant prior to issuing a written decision. (Ord. 2012-03 § 1)
4.21.110 Hearing Officer’s Decision
A. Within twenty (20) days after considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or revoke the bill for response costs and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B. If the decision is to uphold the bill for response costs, the responsible person shall pay the amount due along with the costs of the hearing within thirty (30) days of mailing of the officer’s decision. If the decision is to revoke the bill, the appellant shall be so notified in writing within thirty (30) days of the hearing date.
C. The hearing officer’s decision shall include notice that an aggrieved party may file a petition for review with the California Superior Court, County of Los Angeles, pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
D. The hearing officer’s written decision shall be served on the appellant within twenty (20) days from the date of the hearing by mailing to the appellant by certified mail, return receipt requested, via U.S. Mail. Service of the hearing officer’s decision shall be deemed to have been completed on the date of mailing.
E. The hearing officer shall not be a City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon any ruling or outcome issued by the hearing officer. (Ord. 2012-03 § 1)