§ 7-3. Extinguishing unlawful fires.

(a)

[Empowerment.] The board of county commissioners of Polk County, Florida, hereby empowers the Polk County Fire Services Division to extinguish any and all fires that are unlawfully burning in the unincorporated segments of the county. Furthermore, for purposes of assessing fines and costs consistent with this section, the board of county commissioners hereby empowers the fire services division of each municipality within Polk County that choose to adopt this section to extinguish any and all fires that are unlawfully burning within the limits of that municipality and/or the relevant outside protection areas. Unlawful fires are those fires which are intentionally set without a permit or proper authorization where a permit or authorization is required and shall be determined in accordance with the standards articulated in the relevant chapters of the Florida Statutes, with the rules and permitting procedures listed at Rule 51-2, Florida Administrative Code, and Rule 62-256, Florida Administrative Code, and consistent with local ordinances.

(b)

Cost assessment for extinguishing unlawful fire.

(1)

The person responsible for the unlawful fire shall bear all applicable costs incurred by the appropriate governmental entity, whether county or municipal, in its response to and extinguishing of the fire. These costs shall be assessed against and billed to those persons determined to be engaged in the activity of unlawful burning. Said determination of responsibility will be made at the time of response by the Polk County Fire Services Division or by the responding municipal fire services division, for itself or for the outside protection area contractor, if this section is adopted by that municipality.

(2)

The responding fire services party, whether county or municipal, if applicable, will bill to the person who is responsible for the unlawful fire the actual cost for response to and the extinguishing of the unlawful fire. The actual cost billed will be consistent with documented use of firefighting resources deployed to the response location. For the county, this cost will be determined and itemized in accordance with the fee structure set forth and established in this section. Municipalities that choose to adopt this section for the municipality and/or for the outside protection areas may establish, by municipal ordinance or its equivalent, a fee structure consistent with the actual cost to the municipality for responding to and the extinguishing of an unlawful fire.

(c)

Fee structure.

(1)

Fees will be assessed based upon the actual cost to the county or municipality, as applicable, for response to and the extinguishing of an unlawful fire. The actual cost billed will be consistent with documented use of firefighting resources.

(2)

For the county, costs assessed will be based upon the following average costs per hour or in accordance with those costs adopted by subsequent resolution by the board of county commissioners:

Pumper: $38.50 per hour (plus the additional hourly rate for at least two (2) fire fighters).

Water tanker: $28.00 per hour (plus the additional hourly rate for at least one fire fighter).

Brush truck: $8.50 per hour (plus the additional hourly rate for at least two (2) fire fighters).

Deputy chief: $16.39 per hour.

Captain: $19.00 per hour.

Lieutenant: $12.83 per hour.

Firefighter: $9.27 per hour.

County firefighting resources deployed in response to any complaint regarding unlawful burning will vary per call. County fees will be billed in full for the first hour or portion thereof and then in half-hour increments for any additional hours or portions thereof that follow. The county fee structure is an average cost estimate. Actual cost per call may vary.

(3)

If a municipality, for the municipality and/or for the outside protection areas, elects to adopt this section, said municipality may establish a fee structure in municipal ordinance or its equivalent that is consistent with actual cost to the municipality for response to and the extinguishing of an unlawful fire.

(4)

The Polk County Fire Services Division or any municipality, adopting this section for itself and/or for its outside protection area contractor, may waive, in its discretion, the fee for a first offense incurred at a single residential address, said fee resulting from the actual cost to the responding party for response to and the extinguishing of an unlawful fire. This fee may be waived for residents at a single residential address only one time in any three hundred sixty-five (365) day period regardless of ownership or occupancy.

(d)

Billing and appeals procedure.

(1)

The Polk County Fire Services Division shall calculate the actual cost for response to and extinguishing of the unlawful fire, said costs to be consistent with the documented use of firefighting resources and with the fee structure contained in this article. The resulting bill will be sent, certified mail, return receipt requested, to the person determined to be responsible for the unlawful burning activity, as determined by the Polk County Fire Services Division at the time of response to the scene of the unlawful burning activity.

(2)

Any municipality which, for the municipality and/or for the outside protection area contractor, chooses to adopt this section shall calculate the actual cost for response to and extinguishing of the unlawful fire, said costs to be consistent with the documented use of firefighting resources and with the fee structure contained in the relevant municipal ordinance or its equivalent, as adopted by the municipality. The resulting bill will be sent, certified mail, return receipt requested, to the person determined to be responsible for the unlawful burning activity, as determined by the outside protection area contractor or municipal response unit, as applicable, at the time of response to the scene of the unlawful burning activity.

(3)

Those persons billed for the actual cost of extinguishing the unlawful fire shall have thirty (30) days from the date of receipt of the bill to either pay the assessed cost, as billed, or to request a hearing in the appropriate venue in which to contest the billing statement, as charged. Failure to either pay the actual cost or to request a hearing within this thirty-day time period shall constitute a waiver of the right to contest the billing statement. At the end of this thirty-day time period, the county or municipality, for itself and/or for the outside protection area contractor, as applicable, will take the proper legal action for collection of the actual cost billed, any associated costs incurred by the county or municipality in the collection of this debt, and reasonable attorney's fees; this action may result in a judgment being entered against the person who engaged in unlawful burning.

(4)

The liability for the actual cost of extinguishing said fire shall obtain whether or not there is a civil penalty assessed or a criminal prosecution.

(e)

Limitation of liability. Nothing herein shall be construed to create a duty on the part of the Polk County Fire Services Division to respond to any complaint regarding unlawful burning or to otherwise guarantee the safety of any member of the public in this regard. The Polk County Fire Services Division retains the discretion to determine whether or not to respond to a complaint and to otherwise determine the most efficient and effective deployment of firefighting resources in this regard. Nothing herein shall be construed as a waiver of sovereign immunity on the part of Polk County.

(f)

Disposition of penalties and fees.

(1)

Costs for firefighter response which are assessed by the county against individuals engaging in unlawful burning and those costs collected by the county in this regard shall be forwarded to the clerk of the board of county commissioners for deposit into the fire services fund.

(2)

If a municipality, for the municipality and/or for the outside protection area contractor, elects to adopt this section, costs for municipal and/or outside protection area firefighter response, which are assessed against individuals engaging in unlawful burning, and costs collected in this regard shall be collected by and retained by the respective municipality.

(g)

Applicability. This section shall apply in all unincorporated areas of Polk County and within the corporate limits of each Polk County municipality that elects to adopt this section for itself and/or for the outside protection area contractors. Each municipality choosing to adopt this section may do so by municipal ordinance or its equivalent. The governing body of the municipality must then certify to the board of county commissioners that:

(1)

The municipality has no charter provision or ordinance which is in conflict with this section;

(2)

The municipality desires to implement this section within the municipal boundaries and/or for its outside protection areas;

(3)

The municipality has established a fee structure which is consistent with actual, municipal use costs; and

(4)

The municipality acknowledges that it will be responsible for its own billing and collection efforts.

(Ord. No. 00-08, §§ 1—6, 2-29-00; Ord. No. 00-22, §§ 1—6, 5-16-00)