Ordinance No. 20217 - Laserfiche WebLink

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records. The filing of a written request for review with the municipal court shall not toll the running of the 90 day period specified in subsection (3) of this section. (3) Special Response Fee. Each notice recipient shall be liable for a special response fee as set forth in subsection ( 4) of this section if within 90 days after issuance of the notice the police respond to a subsequent gathering of 25 or more persons on the same premises and the police arrest or cite two or more persons for violation of the Oregon criminal statutes or provisions of this code listed in subsection (1) of this section. Notwithstanding the prior sentence, a notice recipient at a gathering shall not be liable for the special response fee if the notice recipient was the person who was the first individual to call the police to request assistance, and the person can demonstrate that he or she took reasonable steps to prevent the violations. Other notice recipients at the same gathering likewise shall not be held liable for the special response fee if those persons can demonstrate they took reasonable steps to prevent the violation(s). A separate special response fee may be charged for each subsequent police response. The special response fee is defined as the total cost incurred by the city caused by the response, including, but not limited to, the actual cost of police department personnel, medical costs, equipment utilized or damaged, and administrative overhead; however, the initial special response fee imposed shall not exceed the sum of $1 ,500.00. (4) Liability for Payment of Special Response Fee. All notice recipients who are: (a) Person(s) responsible for the gathering; or (b) Person(s) in charge of the premises, if different that the person specified in (4)(a); or ( c ) Owner( s) of the premises, if different than the persons specified in (4)(a) and (4)(b), and who are present at any subsequent gathering within the 90 day period specified in subsection (3) of this section on the same premises where they received the "First Response Warning Notice" that gives rise to liability for payment of the special response fee shall be jointly and severally liable for the full amount of the fees imposed. (5) Adoption of Special Response Fee Schedule. The city manager shall adopt a fee schedule, billing procedures and other matters necessary for the administration of this section in the manner provided in section 2.020 of this code. (6) Special Response Cost Recovery - Collection. A statement for the costs incurred by the city for each subsequent police response shall be delivered to each notice recipient liable for payment pursuant to subsection (3) of this section. The amount shall constitute a debt due to the city from each notice recipient, may be collected in any manner authorized by law, and is recoverable in a civil action brought in the name of the city in a court of competent jurisdiction for recovery of the amount plus reasonable attorney fees. A full refund of funds paid by an individual notice recipient will be issued to any notice recipient who has paid any portion of a special response fee assessed pursuant to subsection (3) of this section, if the notice recipient can demonstrate that all persons cited or arrested at the gathering for which the fee has been assessed were acquitted in court. F or purposes of this section, the term acquitted does not include cases that are dismissed pursuant to the successful completion of any Eugene Municipal Court or City Prosecutor diversion agreement. (7) Special Response Cost Recovery - Appeal. A person who is issued a statement of costs under subsection (6) of this section may appeal in the manner provided by section Ordinance 3