Chapter 4.27


4.27.010    Authorization, findings and purpose.

4.27.020    Definitions.

4.27.025    Discretion of County Fire Chief/Marshal.

4.27.030    Incidents where recovery may be sought.

4.27.040    Applicability and waiver of fees.

4.27.050    Fee schedule.

4.27.010 Authorization, findings and purpose.

The Board of Supervisors of the County of Santa Cruz hereby finds and declares as follows:

(A)    This chapter and the schedule of fees established herein are adopted pursuant to Health and Safety Code Section 13916 et seq.

(B)    Due to recent budgetary reductions and the increase in the cost of providing services, the revenues available to CSA 4 and CSA 48 are inadequate to meet the costs of providing services pursuant to Health and Safety Code Section 13862.

(C)    The purpose of establishing this schedule of fees is to establish a system for recovering costs of emergency response to incidents caused by illegal activity or hazardous materials. [Ord. 5291 § 8, 2019; Ord. 4237 § 1, 1993].

4.27.020 Definitions.

For the purposes of this chapter, the following words and phrases are defined as follows:

(A)    “Accidental” means happening by chance; a nonessential quality or feature.

(B)    “Conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere or forfeiture of bail.

(C)    “Designated department representative” means an appointee of the fire department for the purpose of billing, collection or litigation as required for the recovery of costs authorized by this chapter.

(D)    “Illegal” means prohibited by law; against the law; not authorized by or sanctioned as by rules.

(E)    “Intoxication/controlled substances” means the use of alcohol or a controlled substance to the point where physical and mental control is markedly diminished.

(F)    “Liable” means to make good any loss or damage that occurs in a transaction, legally bound or obligated.

(G)    “Responsible” means liable to legal review or in case of fault to penalties; able to answer for one’s conduct and obligations. [Ord. 5291 § 8, 2019; Ord. 4237 § 1, 1993].

4.27.025 Discretion of County Fire Chief/Marshal.

The County Fire Chief/Marshal has full discretionary powers in determining what circumstances, if any, warrant application of this chapter. [Ord. 5291 § 8, 2019].

4.27.030 Incidents where recovery may be sought.

Any of the following incidents constitute a basis for implementing action for a cost recovery claim:

(A)    Any illegal action within CSA 4 or CSA 48 that requires the County Fire Department to remedy or mitigate a situation or incident, including, but not limited to, the following:

(1)    Illegal burning within CSA 4 or CSA 48;

(2)    Illegal storage, dumping, or transportation of any hazardous material substances within the boundaries of CSA 4 or CSA 48;

(3)    Any illegal acts committed against property existing within CSA 4 or CSA 48, including, but not limited to, the following acts:

(a)    Intentional alarm activation (false alarm),

(b)    Arson,

(c)    Mischievous vandalism.

(B)    Any incident resulting from actions of a person legally determined through conviction to have been under the influence of intoxicating and/or controlled substances at the time of the incident.

(C)    The mitigation of any hazardous material clean-up resulting from accidental spillage, dumping and/or storage of such materials. [Ord. 5291 § 8, 2019; Ord. 4237 § 1, 1993].

4.27.040 Applicability and waiver of fees.

The schedule of fees established by this chapter shall indicate for each service the amount to be charged. As permitted under Section 13919 of the Health and Safety Code, the Board of Supervisors may waive payment of the fees established by this chapter when the Board of Supervisors determines that payment would not be in the public interest. In conjunction with this chapter, the Board shall adopt a resolution specifying the policies and procedures which govern the recovery of the costs of specified services and the waiver of such recovery. [Ord. 5291 § 8, 2019; Ord. 4237 § 1, 1993].

4.27.050 Fee schedule.

The fees established by this chapter shall be set forth in the County’s unified fee schedule. [Ord. 5291 § 8, 2019; Ord. 4237 § 1, 1993].