Ordinance 2992CITY OF ALAMEDA ORDINANCE NO. 2992
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION
24-10 (COST RECOVERY FOR RECURRING CALLS FOR SERVICE TO
RESPOND TO AND/OR ABATE PROPERTIES DUE TO SPECIFIED
CONDITIONS OR OWNER NEGLECT) TO CHAPTER XXIV (PUBLIC
HEALTH)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 . The Alameda Municipal Code is amended by adding Section
24-10 (COST RECOVERY FOR RECURRING CALLS FOR SERVICE TO
RESPOND TO AND/OR ABATE PROPERTIES DUE TO SPECIFIED
CONDITIONS OR OWNER NEGLECT) to Chapter XXIV (PUBLIC HEALTH),
which shall read as follows:
24-10 COST RECOVERY FOR RECURRING CALLS FOR SERVICE TO
RESPOND TO AND/OR ABATE PROPERTIES DUE TO SPECIFIED
CONDITIONS OR OWNER NEGLECT
24-10.1 Purpose and Authority.
This chapter is adopted pursuant to the Charter authority of the city and the
general police power as has specifically been acknowledged by the state
legislature to enable cost recovery for emergency response purposes
Government Code Section 53158. Owners of properties causing recurring calls
for emergency response and/or abatement due to a specified condition listed in
subsection 24-1 0.A or owner neglect as defined in subsection 24.1 0.D will be
held liable for the cost of the city s emergency response to such incidents. Cost
recovery for recurring calls for service to abate properties due to the conditions
specified or owner neglect is necessary in order to provide restitution for
expenses incurred by the city and to deter owners from causing strains on city
resources.
24-10.Definitions.
The following definitions shal! apply to the construction of this section
except where the context clearly indicates another meaning was intended:
A. "Abatement" means any emergency response that includes law
enforcement , fire , or otherernergency response provider personnel and related
equipment , to prevent , mitigate or remedy the actual or potential consequences
of a nuisance existing ona property due to due to a specified condition listed in
subsection 24-10.A or owner neglect.
B. "Emergency response costs " shall mean the cost to the city to provide law
enforcement , fire , or other emergency response provider personnel and related
equipment to respond to abate a property due to the conditions specified in
subsection 24-10.A or owner neglect. Such expenses shall include the costs
including salaries or contractual costs , of providing law enforcement , fire , or other
emergency response provider personnel and related equipment rescue on-scene
at the property.
C. "Owner " shall mean the record owner of the title to property, wherever that
person or entity may currently reside.
D. "Owner neglect" means that the owner has failed to carry out or perform
the necessary maintenance , repair , replacement or other appropriate abatement
measure on the property to a degree that an emergency response by the city to
provide law enforcement , fire , or other emergency response provider personneland related equipment is required to respond to and/or abate the existing
nuisance.
E. "Plumbing systems " shall include all the potable water , building supply,
and distribution pipes; all plumbing fixtures and traps; all drainage and vent
pipes; and all building drains and building sewers , including their respective joints
and connections , devices , receptors , and appurtenances within the property lines
of the premises and shall include potable water piping, potable water treating or
using equipment , medical gas and medical vacuum systems , liquid and fuel gas
piping, and water heaters and vents for same.
F. "Nuisance " shall have the same meaning as defined in California Civil
Code Section 3479.
24-10.3 Liability for emergency response costs.
A. An initial response by a law enforcement , fire , or other emergency
response provider to a private property for at least one of the following specified
conditions will initiate a warning letter to the owner:
1. Sudden and accidental release of water onto properties or into buildings due to
broken plumbing systems;
2. Water intrusion resulting from structural leakage;
3. Basement flooding due to malfunctioning sump pumps;
4. Person(s) locked out of a building absent exigent circumstances;
5. Elevator malfunctions;
6. Lock-outs out of a vehicle with no occupants or animals in the vehicle; or
7. Owner neglect as defined in subsection 24-10-B. When a law enforcement , fire , or other emergency response provider
makes an initial response to a private property due to at least one of the following
specified conditions in subsection 24-10.A or owner neglect , the city s official
shall , in writing, warn the owner that:
1. The official has determined that the law enforcement , fire , or other
emergency response was required due to one of the conditions specified in
subsection 24-1 0.A or owner neglect; and
2. If law enforcement , fire , or other emergency response providers make any
further emergency responses to the same property for the same specified
condition or arising from the same condition of owner neglect within twelve
months of the initial response , the owner will be charged for the emergency
response costs.
B. When a law enforcement , fire , or other emergency response provider
responds to the property because of the same specified condition or arising from
the same condition of owner neglect within twelve months after the warning in
subsection 24-10.B. has been given , any and all owners shall be jointly and
severally liable for the emergency response costs.
C. The emergency response costs incurred under this section shall be
established by resolution of the City Council. The emergency response costs
incurred under this section shall be deemed a debt owed to the city and are due
30 days after receipt of the bill. Any owner owing such debt shall be liable in a
civil action brought in the name of the city for recovery of such debt , including
reasonable attorney s fees and costs. The bill shall contain the following
information:
1. The name(s) of the owner(s) being held liable for the payment of such costs;
2. The address of the private property where the recurring emergency response
due to a condition specified in subsection 24-10.A or arising from the same
condition of owner neglect occurred;
3. The date and time of the emergency responses;
4. The names of law enforcement , fire or emergency service providers who
responded;
5. The date(s) and time(s) of any previous warning given pursuant to subsection
24-10.B, and/or previous responses to the private property in question due to
the same specified condition or arising from the same condition of owner neglect
within the previous twelve months; and
6. An itemized list of the emergency response costs for which the owner(s) is
being held liable.
24-10.4 Payment and collection.
A. Any owner causing a recurring response by law enforcement , fire , or other
response provider personnel and related equipment due to a specified condition
listed in subsection 24-10.A or arising from the same condition of owner
neglect shall be liable for all of emergency response costs. The emergency
response costs shall be a charge against the owner causing the response. The
charge constitutes a debt of that person and is collectible by the city in the same
manner as in the case of an obligation under a contract , express or implied.
The provisions of subsection 13-9.4 of this Code shall apply to thepayment and collection of the emergency response costs due to recurringresponse to a specified condition listed in subsection 24-1 O.A or arising fromthe same condition of owner neglect. I n the alternative , the city attorney maybring civil suit or other action to collect the expense of emergency response
costsdue to a recurring response to a specified condition listed in subsection 24-103,1\ or arising from the same condition of owner neglect.
24-' 0.5 Non-exclusive remedy.
This chapter provides for the recovery by the city of its expense of emergencyresponse due to a specified condition listed in subsection 24-10.3.A or arisingfrom the same condition of owner neglect , is not the exclusive remedy forrecovery of such costs , and is in addition to all other legal and equitableremedies, administrative , criminal or civil , that may be pursued by the city toprovide for recovery of its emergency response costs due to a specified
conditionoutlined in subsection 24-10.A or aris ng from the same condition of ownerneglect
Section 2 . Severability Clause. If any of the provisions of this chapter or the
application thereof to any person or circumstances is held invalid , such invalidity
shall not affect any other provisions or applications of this chapter which
can begiven effect without the invalid provision or application. To this end the variousprovisions of this chapter are severable and each would have been enactedwithout the other.
SectiQ is ordinance shall be in full force and effect from and after theexpiration of thirty (30) days from the date of its final passage.
Attest
******
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the i day of April , 2009 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 8 day of April, 2009.
Lara Weisiger , City CI r
City of Alameda