The DeKalb City Council unanimously approved an ordinance Monday night that gives the DeKalb Fire Department authorization to recover costs stemming from malicious, reckless or negligent actions.

This is an increase of the department’s narrowly defined power to seek repayment from contractors who caused property damage exclusively through negligence. City attorney Margo Ely gave examples of negligence and maliciousness, such as when a contractor caused a gas leak and when a person had deliberately caused a fire.

What Fire Chief Pete Polarek characterized as “two minor changes to the Municipal Code” will increase the department’s discretionary power to seek compensation from individuals and businesses who cause fires or other incidents that require an emergency response from the fire department.

This law was billed as being designed for use against people who deliberately set multiple fires, but it covers several other categories of people as well.

Also covered under the law would be anyone driving under the influence of alcohol or cannabis who causes an accident.

Additionally, if the fire department is “requested or required” to dispatch a fire truck or ambulance to standby at a non-city sponsored event, the department may seek compensation.

First Ward Ald. Andy Small was confused about the language of an amendment concerning the city’s want or ability to reclaim money in arson cases. Small asked why, if the law will be chiefly used against arsonists, the city only “may” seek repayment, when it seems reasonable to seek compensation the first time such an event occurs. He believed it is reasonable to consider that the city would indeed seek reparations for damages incurred.

Ely responded that if the law stated the city “shall” seek compensation, that would imply the city would go after a person who deliberately sets a fire.

She added that seeking compensation simply may not be necessary or possible if that person is convicted and sentenced to prison after the first incident and be unable to repay the city.