§ 10-50109.5. COST RECOVERY.

109.5 Cost Recovery. The fire code official or designee is authorized to recover any direct or indirect costs for fire prevention, fire suppression, hazardous material incident response, and protection of the public from fire and life safety hazards.

109.5.1. Fire prevention cost recovery. Any person who fails to, or refuses to, correct, within the time allotted for correction, any fire hazard prohibited by code, regulation or law, for which a public agency has issued a notice of violation or correction respecting the hazard, or failure to comply with a written notice of violation is liable for the fire prevention costs, and any other costs, incurred in furtherance of the abatement of the fire hazard, and those costs shall be a charge against that person.

109.5.2. Fire suppression cost recovery. Any person who causes a fire, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape onto any public or private property, is liable for the fire suppression costs, rescue or emergency medical services costs, and any other costs incurred as a result of fighting the fire.

109.5.3. Hazardous materials release cost recovery. Any person who releases a hazardous material, allows a hazardous material to be released, causes, or allows a hazardous material attended by him or her to escape onto any public or private property, is liable for the hazardous material incident response, rescue or emergency medical services costs, and any other costs incurred as a result of responding to the hazardous material release.

109.5.4. Protection of the public cost recovery. Any person who creates a fire or life safety hazard to the public, allows a fire or life safety hazard to the public, causes, or allows a fire or life safety hazard to the public to escape onto any public or private property, is liable for the fire or life safety hazard incident response, rescue or emergency medical services costs, and any other costs incurred as a result of responding to the fire or life safety hazard to the public.

109.5.5. Action and administration. Cost recovery actions and administration pursuant to this section shall be as set forth in Fresno Municipal Code, Chapter 1, Article 5, and the Master Fee Schedule.

109.5.6. Hearings. Cost recovery hearings shall be conducted as set forth in Fresno Municipal Code, Chapter 1, Article 4.

109.5.7. Other laws. The provisions of this section shall not be deemed to nullify or prevent the application, either cumulatively, concurrently, or separately, of the provisions of the California Health and Safety Code or any other law related to liability.

(Added Ord. 2016-48, § 3, eff. 1-9-17)