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HomeMy WebLinkAboutOrdinance #3888 ORDINANCE NO. 3888 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 8.43 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO COSTS OF EMERGENCY RESPONSE WHEREAS,the City of Huntington Beach is authorized to provide services relating to the protection of lives and property including, but not limited to, fire protection services, rescue services, emergency medical services,hazardous material emergency response services; and WHEREAS,the City Council of the City of Huntington Beach finds that the quantity and scope of services provided by the Huntington Beach Fire Department and the costs associated with providing those services has and continues to grow at a rate exceeding that of the growth of revenues to provide such services; and WHEREAS,the City Council of the City of Huntington Beach finds that the costs of providing some of the services of the Huntington Beach Fire Department are an increasing burden on the City of Huntington Beach; and WHEREAS,the City of Huntington Beach may establish a rate to recover the reasonable costs borne by the City for costs of services necessary to protect the public health and safety associated with motor vehicle accidents, motor vehicle fires, motor vehicle extractions, hazardous materials spills or discharge, including but not limited to pipeline and/or power line incidents, and other emergency incidents; and WHEREAS, it is the purpose and intent of the City of Huntington Beach to establish rates to cover the cost of services which the Huntington Beach Fire Department provides related to motor vehicle accidents, collisions, motor vehicle fires, motor vehicle extractions, hazardous materials spills or discharge, including but not limited to pipeline and/or power line incents, and other emergency incidents. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.43.010 of the Huntington Beach Municipal Code is hereby added to read as follows: 10-2466.001/49308 1 Ordinance No. 3888 Chapter 8.43 COSTS OF EMERGENCY RESPONSE Sections: 8.43.010 Definitions 8.43.020 Rate Schedule Adoption 8.43.030 Cost of Emergency Response 8.43.010 Definitions. For purposes of this chapter,the following words shall have the meaning hereafter set forth unless a different meaning is clearly intended from the context in which such word is used. Any word not defined herein shall have the meaning attributed to it in ordinary usage. (a) "Expenses of an Emergency Response"means those reasonable and necessary costs directly incurred by the City in making an appropriate emergency response to an incident, and include the cost of providing police, firefighting, search and rescue, and emergency medical services at the scene of an incident, and salaries of the persons who respond to the incident, but does not include charges assessed by an ambulance service. (b) "Hazardous Materials"shall mean the same as the term "Hazardous Waste" as defined by the California Department of Health pursuant to Health and Safety Code Sections 25117 and 25141. (c) "Incident"means any event which causes an emergency response by the City. SECTION 2. Section 8.43.020 of the Huntington Beach Municipal Code is hereby added to read as follows: 8.43.020 Rate Schedule Adoption. The City Council shall adopt and amend, from time to time, a schedule of rates as described in this section by resolution. SECTION 3. Section 8.43.030 of the Huntington Beach Municipal Code is hereby added to read as follows: 8.43.030 Costs of Emeruncy Response. Rates to cover the costs of services provided by this section are as follows: (a) The following rates shall be charged for recovery of costs associated with motor vehicle accidents, collisions, motor vehicle fires, motor vehicle extractions, including, but not limited to pipeline and/or power line incidents, and other emergency incidents. 10-2466.001/49308 2 Ordinance No. 3888 (1) Motor Vehicle Incidents. The cost for services provided by the Huntington Beach Fire Department in connection with an emergency response to motor vehicle accidents, collisions, fires, extractions, and other emergency incidents shall be determined on a case-by-case basis by the Fire Chief,his/her designee or third party billing service, in an amount not to exceed the amount directly incurred by the City to provide such service, including, but not limited to,reasonable costs of collecting such rates, including reasonable attorney fees. Such cost shall be charged according to the usual, customary and reasonable rates as set by a schedule of rates adopted by Resolution of the City Council. The cost shall not be charged to any person who is a resident of the City of Huntington Beach. (b) The following rates shall be charged for recovery of costs associated with hazardous materials mitigation and/or clean up and investigation, including, but not limited to, pipeline (i.e., gas, sewer, septic to sewer and water pipelines) and/or power line incidents. (1) Hazardous materials mitigation and/or clean up and investigation costs shall be determined on a case-by-case basis by the Fire Chief,his/her designee or third party billing service in an amount not to exceed the amount directly incurred by the City to provide such service, including, but not limited to,reasonable costs of collecting such rates, including reasonable attorneys fees. Such cost shall be charged according to the usual, customary and reasonable rates as set by a schedule of rates adopted by Resolution of the City Council. (c) Persons Subject to Charges. Except as provided herein,the foregoing costs shall be charged to any person or persons whose negligent or willful act is the cause of any motor vehicle accident, collision, fire, extraction or technical rescue, and to any person, regardless of fault, responsible for the release or discharge of any hazardous materials, including, but not limited to,pipeline and/or power line incidents. Costs shall also be charged for any other emergency incident. (d) Non-Exclusive Remedies. Nothing in this section precludes the City of Huntington Beach from using any other available method to recover costs as described in this section by any other means available by law. SECTION 4. If any part of this ordinance is held invalid for any reason, such decision shall not invalidate any other section or provision of this ordinance. 10-2466.001/49308 3 Ordinance No. 3888 SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August , 2010. a r ATTEST: A APPROVED AS TO FORM: -7/-7 City Clerk ,�- ity Attorney DYA -11-tl G REVI APPROVED: INITIATED AND PR VED: ate, 4�L 1-rc dministrator Fire Chief 10-2466.001/49308 4 Ord. No. 3888 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on August 2,2010,and was again read to said City Council at a regular meeting thereof held on August 16,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Hansen NOES: None ABSENT: Dwyer ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on August 26,2010. In accordance with the City Charter of said City /- JJW*f,) Joan L. Flynn, Cily Clerk ' y Clerk and ex-offici lerk hum WSenior Deputy City Clerk of the City Council of the City of Huntington Beach, California