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ORDINANCE Page 2 of 3 <br /> <br />exists, but the staff of the facility desires that emergency response personnel complete a lift <br />assist of a fallen patient, the commander shall declare the incident a non-emergency lift assist in <br />the commander’s incident report. <br />C. Assessment of Penalty <br />The Fire Chief or the Fire Chief’s designee shall be authorized to issue a penalty charge to the <br />licensed care facility for each incident determined to be non-emergency lift assist. The penalty <br />charge may be based upon some or all of the cost to the City for response to the incident. The <br />penalty charge may take into account mitigating circumstances. The Fire Chief or designee will <br />as feasible consistently apply penalty amounts to licensed care facilities. <br />D. Administrative Decision <br />Notice of the imposition of penalty charge(s) under the provisions of this section shall be sent to <br />the owner or management of the facility where the incident occurred. With respect to business <br />premises, the owner, manager, or chief administrative agent regularly assigned and employed <br />on the premises at the time of the incident shall be presumed to be the appropriate person to <br />receive the notice, unless the Fire Department is previously notified otherwise in writing. <br />E. Appeal from Administrative Decision <br />1. Any party subject to a penalty under the provisions of this section shall have a <br />right of appeal to the Fire Chief. A notice of appeal must be submitted in writing no later than <br />ten days after issuance of the notice of the penalty and must be directed to the Fire Chief, at the <br />address listed on the notice of penalty. The penalty is deemed final unless a notice of appeal is <br />properly filed in accordance with this section within ten days after the issuance of notice of <br />penalty. <br />2. The written notice of appeal should include the penalty reference number and <br />must include the appellant’s reasoning why the imposition of penalty charge(s) should be <br />reconsidered. <br />3. Within 30 days after receipt of a written appeal (or such longer reasonable time <br />as the Fire Chief may determine), an impartial review of the appeal shall be completed and a <br />recommendation shall be presented to the Fire Chief for final decision, which will be reported to <br />the appellant in writing. <br />4. The Fire Chief’s final decision may take into account any errors in the non- <br />emergency lift assist determination, any mitigating facts, and any other factor(s) determined <br />relevant by the Fire Chief. The Fire Chief’s final decision may affirm the appealed penalty, <br />reverse the appealed penalty, or may waive some or all of the appealed penalty amount(s). <br />Section 2. The City Clerk and the codifiers of this Ordinance are authorized to make necessary <br />corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, <br />references, ordinance numbering, section/subsection numbers, and any internal references. <br />Section 3. The City Council hereby declares that should any section, paragraph, sentence, clause or <br />phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it <br />would have passed all portions of this ordinance independent of the elimination of any such portion as <br />may be declared invalid.