§ 2-126. Reimbursement procedure for certain extraordinary expenses for services.

(a)

Definitions. The following definitions shall apply in this section:

Extraordinary expense shall mean that expense, and those related costs and fees, that are incurred by the county for any extraordinary service, including but not limited to the county's actual cost of labor and materials associated with the use of any specialized extinguishing or abatement agent, chemical, neutralizer, or similar equipment (or equipment damage) or materials that are employed to extinguish, confine, neutralize, contain or clean any hazardous material that is or may be involved in a fire, accidental spill, or the threat of any fire or accidental spill.

Extraordinary service shall mean a service performed by the county fire rescue department, the county sheriff's department, the county road maintenance department, or any other county department, agency or bureau that, in the judgment of the county administrator, is additional to or above the normal services provided by such departments, agencies, or bureaus. "Extraordinary services" may include, but are not limited to, crowd safety, security, and traffic control; evacuation and emergency housing; the abatement and disposition of hazardous materials; spills or the threat of spills of toxic chemicals; leaks or the threat of leaks of toxic or hazardous gases; utility line breaks or leakages; search and rescue operations upon the lakes and waterways of the county; major vehicle, vessel and aircraft accidents; other imminent or perceived or possible threats to the health, safety or welfare of the county residents that may be detailed or contemplated as an extraordinary expense as defined in this subsection; and those instances where a property owner has been previously warned about violations of the County Code that, in the judgment of the county administrator, are a particular threat to the health, safety or welfare of the county residents, and for which the owner (or owner's agent, or person in charge of the property) has neglected to comply or has refused compliance therewith.

(b)

Purpose. It is the intent of this section to provide for the health, safety and welfare of the residents of the county by requiring the reimbursement of extraordinary expenses and services to prevent the depletion of funds to the detriment of the normal services provided by the board of county commissioners.

(c)

Administration. The county administrator shall collect all fees as follows:

(1)

Fees and costs shall encompass all manpower, equipment or equipment damage, material and maintenance expenses in such a form as to ensure for the county's full reimbursement for charges for those services actually rendered. A particular cost or fee schedule need not be memorialized in this section, or elsewhere in the County Code or ordinances, or by further, formal action by the board of county commissioners; the board's approval of this section constitutes the authorization for the county administrator to collect all such fees and costs that are submitted to him by the affected county departments, agencies or bureaus.

(2)

Within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary expense and/or service, the affected department, agency or bureau shall submit its extraordinary service-related costs, fees, charges, expenses, or any of these things, or all of these things in combination, to the county administrator for his review. At such time as all costs, fees and other expenses related to the extraordinary expense and/or service have been collected and reviewed by the county administrator, but in any case not later than 60 days from the date of the incurring of the extraordinary expense and/or rendering of the extraordinary services, the county administrator shall send a bill of consolidated costs, fees and so forth, to the property owner, agent, or lessee, with a demand that a full remittance be made within 30 days of receipt of the bill.

(3)

It is also contemplated that local, state, or federal agencies may bill, fine, or penalize the county for matters, including but not limited to a clean-up cost, fee, or expense, relating to an extraordinary or dangerous occurrence, and the county administrator shall, if possible, include any and all such costs or fees in the consolidated bill sent to the property owner, agent, or lessee. The county shall not, however, waive any right to collect such local, state, or federal costs if they are not included with the consolidated bill, and are not charged to the property owner, agent, or lessee within the consolidated billing (60-day) period. In this regard, the county administrator shall expect reimbursement of all local, state, or federal costs within 30 days of receipt by the property owner, agent, or lessee of the bill for these particular costs, fees and other expenses.

(4)

In cases of hardship, or where circumstances are such that a full remittance cannot be made to the county within the 30 day period, the board of county commissioners shall hereby authorize the county attorney to enter into negotiations with the property owner, agent, or lessee for an extended payback period of time not to exceed six months, and for which the county may charge the state statutorily-mandated interest payment on judgments, pursuant to F.S. §§ 55.03, 55.04.

(5)

All monies received under the provisions of this section shall be placed in an account established for the express purpose of reimbursing the various county departments, agencies, and bureaus for those actual costs and expenses necessary to furnish services or protection provided by the county as outlined herein.

(d)

Fees. Subsection (c) of this section shall not prevent the board from adopting a specific fee reimbursement schedule, at such time as the board determines that a schedule will aid in the efficient administration of this section.

(e)

Enforcement. The county may enforce the provisions of this section by civil actions in a court of competent jurisdiction, for the collections of any amounts due hereunder plus attorneys' fees, or for any other relief that may be appropriate.

(f)

County services not to be refused for non-payment. Nothing in this section shall authorize any county department, agency, or bureau, or any county staff member or department, or agency, or bureau personnel, to refuse or delay any county service to any person, firm, organization or corporation, that has not reimbursed the county for an extraordinary county service as provided under this section. Furthermore, nothing in this section shall be construed to demand reimbursement to the county, for those county services that are normally provided to county residents and others as a matter of the county's general operating procedures, and for which the levying of taxes, or assessments, or the demand for reimbursement, is normally made.

(Ord. No. 94-7, §§ 1—6, 12-8-94)

Editor's note

See editor's note for art. IV, div. 2.