§ 38A-14. Liability, administrative penalty.

(a)

In any enforcement action brought pursuant to this Chapter, whether by administrative proceedings, judicial proceedings or summary abatement, the person who creates or has created the fire hazard shall be liable for all costs set forth in Chapter 3, Article XVI (beginning with Section 3-150) of this code incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Chapter, whether those costs are incurred prior to, during or following enactment of this Chapter.

(b)

In any action by the Fire Chief to abate a fire hazard under this Chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. Recovery of attorneys' fees under this section shall be limited to those actions or proceedings in which the Fire Chief elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the Fire Chief in the action or proceeding.

(c)

Unless otherwise expressly indicated, the standard of liability imposed by this section is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

(d)

The scope of liability in this chapter is joint and several for any person who has caused, created or contributed to a fire hazard as defined in this Article, is joint and several. Any person seeking to apportion the harm must demonstrate by clear and convincing evidence that the component of harm which is sought to be apportioned is scientifically and technologically susceptible to apportionment, that there is a reasonable and practicable basis for apportioning the harm, and that the separate abatement activity proposed for that harm is as practicable, safe, efficient, reliable and cost-effective in providing the degree of protection of the public health, safety, welfare, public resources and the environment as the abatement activity or activities, if any, proposed by the Fire Chief.

(e)

An owner and/or occupant upon whom the Fire Chief has served an Order to Abate Fire Hazard pursuant to this Chapter and who fails to abate the fire hazard(s) within fourteen (14) days of the date of the Order, is liable for and subject to an administrative penalty at the rate of two hundred dollars ($200.00) for every acre of land upon which a firebreak was not maintained in accordance with the requirements of Section 38A-8 of this chapter. Said administrative penalty may be levied in increments of one-tenth (.10) of an acre.

(f)

Neither the imposition nor the payment of an administrative penalty for violating this Chapter shall relieve the responsible party from his/her obligation to abate any fire hazard, or for liability for nuisance abatement and nuisance abatement costs incurred by the Fire Chief, nor shall it bar further enforcement action by the Fire Chief. Nothing in this Section shall affect or modify in any way the obligations or liabilities of any person for damages, injury or loss, which results from a fire hazard, under any other provision of State, federal or local law, including common law.

(Ord. No. 3936, § 4 (part), 6-13-06)