§ 2-188. Reimbursement for extraordinary expenses.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bills for town's costs sent to property owner means if the town is assessed any cost for the cleanup from local, state or federal agencies, the finance department shall include any costs or fees in the consolidated bill sent to the property owner or responsible party.

Collection of fees means the town shall collect all fees as follows: Fees and cost shall encompass all personnel, equipment, apparatus, materials, supplies and maintenance expenses in such a form as to ensure the town's full reimbursement for charges for those services actually rendered. The town manager shall establish the fees and cost.

Distribution of moneys means all moneys received under provisions of this section shall be placed in the appropriate accounts of the affected department or bureaus for the replacement or reimbursement of those actual costs of materials used, necessary to furnish fire, police, or other emergency or public safety services.

Extraordinary expense means that expense and those related costs and fees incurred by the town for any extraordinary service, including, but not limited to, the town's actual cost of labor and materials associated with the use of any specialized extinguishing or abatement agent, chemical, neutralizer, or similar equipment or materials that are employed to extinguish, confine, neutralize, contain, or clean any hazardous material that is or may be involved in a fire, accidental spill, or the threat of any fire or accidental spill.

Extraordinary service means a service performed by the fire department, police department, public works department, or any other town department or bureau that is in addition to or above the normal services provided by such department or bureau. Extraordinary services may include:

(1)

Disposition of hazardous materials;

(2)

Spills or the threat of spills of toxic chemicals;

(3)

Utility line breaks or leakages;

(4)

Other imminent, perceived or possible threats to the health, safety or welfare of the town's residents that may be detailed or contemplated in this section; and

(5)

Those instances where a property owner has been previously warned about violations of this Code that, in the judgment of the town's staff, are a particular threat to the health, safety or welfare of the town residents, and for which the owner (or his agent, or person in charge of the property) has neglected to comply or has refused compliance.

Submittal of costs for review means within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected bureau or department shall submit its extraordinary service related costs, fees, charges or expenses, or all of these things in combination, to the finance department for review. At such times as all costs, fees, charges or expenses related to extraordinary services have been collected and reviewed by the finance department, but in any case not later than 60 days from the date of the rendering of the extraordinary services, the finance department shall report consolidated costs, fees, charges or expenses to the property owner, agent or manager, with a demand that a full remittance be made within 30 days of receipt of the bill.

(b)

Enforcement. The town may enforce the provisions of this section by civil action in a court of competent jurisdiction for the collection of any amounts due under this section, plus attorney's fees, or other relief that may be appropriate.

(c)

Exceptions.

(1)

Nothing in this section shall authorize any town department, bureau, staff member, or department or bureau personnel to refuse or delay any town emergency service to any person that has not reimbursed the town for a municipal service that owes the town for previous extraordinary services.

(2)

Nothing in this section shall be construed to demand reimbursement to the town for those town services that are normally provided to town residents and others as a matter of the town's general procedures, and for which the levying of taxes or the demand for reimbursement is normally made.

(Code 1999, § 2-206; Ord. No. 93-1, § 1, 2-9-1993; Ord. No. 2000-04, § 1, 3-28-2000)