HomeMy WebLinkAboutCC ORD 1980-1705 Adds Ch. 15.30, reimbursable firefighting expenses (15.30)tbt-i. /? /
ORDINANCE NO. 1705
AN URGENCY ORDINANCE OF THE CITY OF
NATIONAL CITY AMENDING THE NATIONAL
CITY MUNICIPAL CODE TO ESTABLISH
LIABILITY FOR THE COLLECTION OF
REIMBURSABLE EXPENSES
BE IT ORDAINED by the City Council of the
City of National City, California that there is hereby
added to the Municipal Code of National City, Chapter
15.30, which is to read as follows:
CHAPTER 15.30
REIMBURSABLE EXPENSE
SECTION 15.30.010. CIRCUMSTANCES UNDER
WHICH REIMBURSEMENT MAY BE SOUGHT:
The City of National City may impose upon
the responsible person or entity the reasonable cost
of fire prevention, fire protection, fire suppression
and protection of the public from other safety hazards
when a fire or hazardous condition results from any
of the following activities or conditions:
A. Manufacture, transportation, storage,
handling, or spilling of hazardous chemicals (as
defined in Section 80.101 of the Uniform Fire Code)
or flammable liquid or material as defined by Section
9.108 of the Uniform Fire Code;
B. Failure to correct a hazardous condition
for which a "Notice of Correction" has been previously
given by the National City Fire Department;
C. Use of welding equipment, cutting torch
or tar pot;
D. Permitting or causing the accumulation
of hazardous or flammable materials;
E. Setting of a fire in violation of any
ordinance, law, regulation or statute of the City of
National City or the State of California;
F. Creating, allowing, or maintaining a fire
hazard as defined in Uniform Fire Code 9.108;
SECTION 15.30.011 DEFINITIONS;
The meaning of all terms used herein not
otherwise defined, shall be as se.t forth_ in the Uniform
Fire Code then adopted and in use in the. City of
National City, as said Uniform Fire Codemay exist
from time to time.
SECTION 15.30.020. DETERMINATION TO CHARGE.
COSTS:
Whenever the Fire. Chief of the City of
National City determines that the City has incurred
costs for fire suppression, fireprevention or pro-
tection of the public safety when a fire or other
hazardous condition has resulted from the activities
specified in Section 15.30.010, he shall:
A. Calculate the costs incurred;
B. Identify the person or persons to be.
charged for those costs, and;
C. Send a report with this information
to the City Clerk;
SECTION 15.30.030. CALCULATION OF COSTS
INCURRED:
The "costs incurred" shall include all
necessary expenditures to correct th.ehazardous condi-
tion or extincruishthe fire, including, but not limited to:
A. The cost of manpower;
B. The cost of extinguishing agents, and;
C. The reasonable value of the use of City
equipment;
SECTION 15.30.040. REIMBURSEMENT HEARING SET:
The City Clerk shall, thereupon, set the
report and account for hearing by the City Council at a
regular or adjourned meeting which will be held at least
15 calendar days after the date the Clerk mails the
notice as provided in Section 15.30.050; and shall send
a Notice of said hearing to the person or entity to be
charged as provided in Section 15.30.030; at the
person's or entity's address as shown on the last
equalized tax assessor's roll.
SECTION 15.30.050. NOTICE TO PERSON TO
BE CHARGED:
The Notice sent by the City Clerk to the
responsible person or entity shall contain:
1. The name of the person or entity sought
to be charged.
2. The location, date, and time of the event
upon which the claim for reimbursement is based.
3. The amount of, and the basis upon which
claim for reimbursement is made.
4. The time and place of the hearing on the
claim for reimbursement, and a statement of the right
of the person or entity to be heard and present
evidence at said hearing.
5. The Fire Chief's account of the sum
claimed to be due.
SECTION 15.30.060. PROCEDURE FOR HEARING
BEFORE THE CITY COUNCIL:
At the hearing onthe Fire Chief's account
the Council shall hear the Fire Chief's account and
other evidence upon which reimbursement is sought; hear
and consider evidence by the person or entity against
which reimbursement is sought; and, thereafter, confirm
or disallow the account, in all or in part; and set
forth in a resolution the amount of the account con-
firmed, if any.
Thereafter, any amount confirmed by a reso-
lution and the City Council shall become a debt owing
to the City of National City, and be collectible as such.
This Ordinance is for the immediate protection
of the public health, safety and welfare in that many
conditions of hazard now exist in National City and
there is no present City law to cause reimbursement to
the public treasury for the costs described herein.
Unless the Ordinance is adopted immediately there may
be losses without proper reimbursement to the taxpayers
of National City.
PASSED AND ADOPTED this 5th day of February, 1980.
ATTEST:
IONE CAMPBELL
CITY CLERK
BY: ,-, G�
cting puty Clerk
Passed and adopted by the Council of the City of National City, California,
on February 53 1980 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Camacho, Dalla, Van Deventer, Waters, Morgan.
None.
None.
Absent: Councilmen
Abstain: Councilmen
None.
AUTHENTICATED BY: KILT MORGAN
Mayor of the City of National City, California
IONE CAMPBELL
City Clerk of the City of National City, California
By: ---
I HEREBY CERTIFY that the foregoing ordinance was adopted
on FOzuajry 5, 1980 , under the provisions of
Secs. 36934 and 36937(b) of the Government Code.
I FURTHER CERTIFY that the reading of said ordinance in
full was dispensed with by a vote of not less than a
majority of the members elected to the City Council.
I FURTHER CERTIFY that the above and foregoing is a full,
true and correct copy of Ordinance No. 1705 of the City
of National City, passed and adopted by the Council of
said City on February 5, 1980
IONE CAMPBELL
City Clerk of the City of
National City, California