(A) Anyone:

(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 them 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 the Forester 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 the Forester 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:

(a) The cost of investigating and making any reports with respect to the fire.

(b) The costs relating to accounting for that fire and the collection of any funds pursuant to this ordinance, including, but not limited to, the administrative costs of operating 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 paragraph (A).

(C) The burden of proof as to liability will be on the Plaintiff and will 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 will be on the Plaintiff and wll be by a preponderance of the evidence in any action brought pursuant to this ordinance.

(D) 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.