9.07.100 Billing and civil fine and civil cost recovery fee for public safety responses—Debt to city—Enforcement.

(A) The amount of a civil fine and/or civil cost recovery fee for public safety responses shall be deemed a debt owed to the city of American Canyon by the person responsible for the event, and, if that person is a juvenile, then also his or her parents or guardian. Any person owing such fine and/or fees shall be liable in an action brought in the name of the city for recovery of such fine and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if the city prevails, as the city reserves the right to seek to recover reasonable attorney fees, on a case by case basis, pursuant to Government Code Section 25845, subdivision (c). In those cases in which the city seeks to recover reasonable attorney fees, the other party may likewise do so.

The police chief shall mail notice via certified mail within thirty days of the 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 party, gathering or event occurred;

(3) The date and time of the response;

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

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

(6) Information regarding the date payment is due;

(7) The right to request an administrative hearing to challenge the imposition of response costs and/or civil fines;

(8) The imposition of a lien on the subject property in the event of non-payment; and

(9) The election by the city under Government Code Section 25845, subdivision (c), to allow for recovery of the prevailing party's attorneys' fees in the event of an administrative hearing and subsequent appeal.

The responsible person must remit payment of the noticed costs and/or civil fines to the city of American Canyon within forty-five 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 9.70.090.

(B) If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for costs of this section, such costs, if unpaid within forty-five days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Section 1.24.010. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

(C) The city attorney shall have the authority to file any action or proceeding to recover such civil fines, police services costs, public safety response costs, expenses and/or expenses and/or penalties, and take any other actions at law which he or she may deem necessary to recover same.