§ 21-309. Billing and civil penalty and civil cost recovery fee for public safety responses; debt to city; enforcement.

(a)

The amount of a civil penalty and/or civil cost recovery fee for public safety responses shall be deemed a debt owed to the city by the person responsible for the gathering. Any person owing such penalty and/or fees shall be liable in an action brought in the county for recovery of such penalty and/or fees.

(b)

The police chief shall mail notice via certified mail within twenty (20) days of the public safety response for which the person is liable giving rise to such costs. The police chief shall calculate and compile an itemized list of applicable response costs. The notice shall contain the following information:

(1)

The name(s) of the person(s) being held liable for the payment of such costs;

(2)

The address of the residence or other private property where the gathering involving underage drinking occurred;

(3)

The date and time of the response;

(4)

The law enforcement, fire and/or emergency service responder who responded;

(5)

The date and time of any previous warning given pursuant to Article 91-307;

(6)

An itemized list of the response costs for which the person(s) is liable;

(7)

Information regarding the date payment is due;

(8)

The right and method to request an administrative hearing to challenge the imposition of response costs and/or civil penalties; and

(9)

Notice that failure to contest or pay the civil penalty or costs in a timely manner is an admission of liability and a waiver of the right to appeal the imposition of the civil penalty and costs.

(c)

The responsible person must remit payment of the noticed costs and/ or civil penalties to the city within forty-five (45) days of the notice thereof. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to section 21-308.

(d)

The city manager, and the city manager's designee, shall have the authority to file any action or proceeding to recover such civil penalties, public safety response costs, expenses and/ or civil penalties, and take any other actions at law which he may deem necessary to recover same.

(Ord. No. 2016-12-15-0999 , § 1, 12-15-16)