6-15-3. Recovery authorization and procedure.

(1) The County is hereby empowered to recover expenses incurred by virtue of the County's or other local governmental agencies' response to a hazardous materials emergency, aggravated fire emergency or an aggravated medical emergency from any person, corporation, partnership or other individual or entity who caused such an emergency, pursuant to the following procedure:
(a) The County Sheriff's department shall determine responsibility for the emergency or response as defined above and notify the responsible party by mail of the department's determination of responsibility and the expenses to be recovered.
(b) The notice shall specify that the determined responsible party may appeal the department's decision before a hearing officer designated by the County Commission and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than fifteen (15) days from the date of the notice.
(2) In the event the determined responsible party appeals the determination, the hearing officer shall hold a hearing to consider any issues raised by the appeal, at which hearing the appealing party and the Sheriff's Department or other local government shall be entitled to present evidence in support of their respective positions.
(3) After the hearing, the hearing officer shall make a recommendation to the County Commission which shall issue a decision determining responsibility and assessing expenses. The Commission may adopt, modify or remand the recommendation of the hearing examiner for further proceedings. The Commission may, in its sole discretion, hear additional evidence prior to issuing its decision. (Ord. 95-19, 9/12/95; Ord 94-20, 11-3-94)