9.35.030 Recovery authorization and procedure.
West Point City is empowered to recover from any person, corporation, partnership or other individual or entity, whose grossly negligent actions cause a fire emergency, expense incurred by West Point City associated with a response to fire emergency. Recovery of expenses shall be pursuant to the following procedures:
A. The city shall determine responsibility for the emergency and notify the responsible party by mail of the city’s determination of responsibility and the costs to be recovered.
B. The notice shall specify that the party determined responsible may appeal the city’s decision before a hearing officer designated by the mayor and establish a date by which the notice of appeal should be filed. The appeal date shall be no less than 15 days from the date of the notice.
C. In the event the party determined responsible appeals the determination, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions.
D. The hearing officer shall, after the hearing, make a recommendation to the city council, which shall issue a decision assessing responsibility and costs. [Code 2000 § 7-3-3].