Chapter 2.40


2.40.010    Use of personnel and equipment outside city limits.

2.40.020    Mitigation rates.

2.40.010 Use of personnel and equipment outside city limits.

(1) The mayor, city manager, fire chief, and assistant fire chief of the Burns city fire department are hereby authorized to consent to or direct the use of the personnel and equipment of the Burns city fire department outside the city limits of Burns for fire fighting purposes.

(2) It is further provided that costs for the use of personnel and equipment of the Burns fire department outside of the city limits of Burns shall be determined within 30 days or as soon thereafter as it can be done, submitted to and approved by the city manager. The owner of record or other responsible party of the premises or property served shall be billed for the same in writing. The legal or equitable owner of the property shall be liable to the city of Burns for the reasonable costs of said services as determined by the city under this section, pursuant to ORS 476.290.

(3) It is further provided that the costs of extinguishing any fire outside the city limits, or attending to the extinguishment of such a fire shall constitute a debt due and owing to the city of Burns and may be recovered by an action at law instituted in the Justice Court or the Circuit Court of the State of Oregon for the County of Harney by the city of Burns against the responsible party. [Ord. 749 §§ 1 – 3, 2001]

2.40.020 Mitigation rates.

(1) The Burns fire department shall initiate mitigation rates for the delivery of emergency services by the fire department for personnel, supplies and equipment to the scene of motor vehicle incidents and other emergency incidents.

Mitigation rates will be charged in accordance with the Burns city fire department cost recovery fee schedule, which may be amended by council resolution. All administrative, data collection and processing costs required will be part of each claim.

The costs recovered under this section will begin to offset, but are not limited to, special education and training, wear of equipment, staffing costs, fuel consumption, loss or damage to publicly owned equipment, purchase or lease of any special equipment or services required to protect the environment, community property and the public.

(2) The mitigation rates shall be filed to the responsible party, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be filed to the insurance coverage of the owner of the vehicle, owner of property, or responsible parties. In some circumstances, the responsible party will be billed directly.

(3) The city council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.

(4) Mitigation rates will only apply to persons who are not residents of the city of Burns. Residents within the city boundaries currently subsidize these emergency service costs through their property taxes. Responses involving intoxicated drivers, hazmat clean-up, intentional and negligent acts or any act that violates any ordinance, local, state or federal statute may be subject to all applicable rates regardless of residency. For purposes of this section a “resident” is defined as: (a) any person who maintains his or her full time residence within the city limits of Burns, or (b) is the majority owner of a business that operates from real property owned by the business located within the city of Burns. (For purposes of this section a “business” includes any joint stock company, corporation, association, joint venture, limited liability company, or partnership.) [Ord. 19-864 § 2, 2019; Ord. 11-812 §§ 1 – 3, 6, 2011]