A. Unless otherwise provided for herein, any violation of this chapter or the code, appendices or standards adopted herein or any failure to comply with any lawful order of the chief or his authorized representative may be prosecuted as a misdemeanor or may be treated as a civil violation under Chapter 1.18 BCC. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue.
B. In addition to those costs and expenses listed in Chapter 1.18 BCC (Civil Violations), the city may recover costs from responsible persons, or business or property owners, for any of the following:
1. Suppression and investigation of incendiary fires where the responsible party has been duly convicted of causing the fire.
2. Suppression and investigation of fires resulting from or aggravated by a condition that was a code violation for which a violation notice or letter of violation was issued, but not corrected.
3. Suppression and investigation of fires resulting from an escape of a control burn.
4. Extinguishment of an illegal control burn, or a control burn in violation of a permit where adequate private fire extinguishing capability has not been provided or where private fire extinguishing efforts have been unsatisfactory.
5. Repeat responses to situations involving illegal burning.
6. Mitigation of a hazardous materials incident when the duration of the incident exceeds two hours.
7. Preventable responses to fire alarms when the number exceeds five nonexempt preventable responses to a single alarm system during a calendar year. This shall be in addition to any fees assessed under BCC 23.11.901.11. The chief may credit costs of system improvement to prevent responses or other life or life safety improvements to offset charges for fire departmental costs.
8. Extraordinary expenses incurred in, or as a result of, the control or extinguishment of fires or mitigation of hazardous materials incidents.
9. Suppression and investigation of fires where the responsible party committed acts or omissions that constitute willful and wanton misconduct or gross negligence.
C. Chargeable costs under this section shall include the following:
1. Personnel costs (including salaries, overtime, fringe benefits, etc.) for the time that involved personnel were not available to respond to valid emergencies.
2. Apparatus costs according to the “Fee Schedule for Hazardous Materials Incidents and/or Fire Suppression” established by the King County Fire Chiefs’ Association.
3. With regard to subsection (B)(8) of this section, costs may include damaged, destroyed or contaminated equipment (such as protective clothing and fire hose); special supplies utilized (such as fire-fighting foams and absorbent pads); and cost of specialized or heavy equipment and their operation including that of other fire agencies, other departments of the city of Bellevue and private contractors or suppliers when such equipment is determined to be needed by the chief.
4. Administrative and any other costs associated with the recovery of these costs. (Ord. 6532 § 2, 2020.)