Section 13009.1 Of Chapter 1. Liability In Relation To Fires From California Health And Safety Code >> Division 12. >> Part 1. >> Chapter 1.
13009.1
. (a) Any person (1) who negligently, or in violation of the
law, sets a fire, allows a fire to be set, or allows a fire kindled
or attended by him or her to escape onto any public or private
property, (2) other than a mortgagee, who, being in actual possession
of a structure, fails or refuses to correct, within the time
allotted for correction, despite having the right to do so, a fire
hazard prohibited by law, for which a public agency properly has
issued a notice of violation respecting the hazard, or (3) including
a mortgagee, who, having an obligation under other provisions of law
to correct a fire hazard prohibited by law, for which a public agency
properly has issued a notice of violation respecting the hazard,
fails or refuses to correct the hazard within the time allotted for
correction, despite having the right to do so, is liable for both of
the following:
(1) The cost of investigating and making any reports with respect
to the fire.
(2) The costs relating to accounting for that fire and the
collection of any funds pursuant to Section 13009, including, but not
limited to, the administrative costs of operating a fire suppression
cost recovery program. The liability imposed pursuant to this
paragraph is limited to the actual amount expended which is
attributable to the fire.
(b) In any civil action brought for the recovery of costs provided
in this section, the court in its discretion may impose the amount
of liability for costs described in subdivision (a).
(c) The burden of proof as to liability shall be on the plaintiff
and shall be by a preponderance of the evidence in an action alleging
that the defendant is liable for costs pursuant to this section. The
burden of proof as to the amount of costs recoverable shall be on
the plaintiff and shall be by a preponderance of the evidence in any
action brought pursuant to this section.
(d) Any testimony, admission, or any other statement made by the
defendant in any proceeding brought pursuant to this section, or any
evidence derived from the testimony, admission or other statement,
shall not be admitted or otherwise used in any criminal proceeding
arising out of the same conduct.
(e) The liability constitutes a debt of that person and is
collectible by the person, or by the federal, state, county, public,
or private agency, incurring those costs in the same manner as in the
case of an obligation under a contract, expressed or implied.
(f) This section applies in all areas of the state, regardless of
whether primarily wildlands, sparsely developed, or urban.