Chapter 9.54
EMERGENCY RESPONSE COST RECOVERY
Sections:
9.54.010 Liability for expenses.
9.54.010 Liability for expenses.
Pursuant to RCW 38.52.430, any person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (A) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (B) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (C) use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040; (D) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (E) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), shall be liable to the city for the costs and expenses of the city’s emergency response to the incident. (Ord. 1698 § 1, 2007).
9.54.020 Definitions.
For purposes of this chapter, “costs and expenses of the city’s emergency response” shall mean those reasonable costs incurred by the city’s use and deployment of police, coroner, fire, rescue, emergency medical or utility services to an incident reasonably requiring the same. (Ord. 1698 § 1, 2007).
9.54.030 Debt recovery.
A. The expense of an emergency response is a charge against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city of Milton in the same manner as in the case of an obligation under a contract, expressed or implied.
B. The city administrator, or his designee, shall issue to the person responsible for the emergency response, as set forth in MMC 9.54.010, a notice of liability for the expense of emergency response. The notice shall set forth the name of the responsible person, the date of the emergency response, the date of the conviction or deferred prosecution, and the amount owing to the city. The notice shall be sent certified mail with a return receipt and shall be deemed delivered three days after mailing. Any fees not collected within 60 days of the date of issuance of the notice of liability for the expense of emergency response may be referred to a collection agency. The cost of collection shall be added to the bill. The amounts collected, after payment of the collection agency fee, shall be deposited into the general fund. (Ord. 1698 § 1, 2007).
9.54.040 Maximum liability.
In no event shall a person’s liability under this chapter for the expense of an emergency response exceed the amount permitted under state law. (Ord. 1698 § 1, 2007).