§ 9-56. Dangerous or hazardous substances/materials liability.

(a)

It shall be the duty of any person who causes or controls leakage, spillage, or any other dissemination of dangerous or hazardous substances or materials to immediately remove such and clean up the area of the spillage in such a manner that the area involved is fully restored to its condition before such occurrence. The fire department shall be contacted to inspect said site to make sure that the cleaning is in compliance with local, state, and federal guidelines, regulations, and laws.

(b)

Any such person who violates this article by failing to clean, without delay, a dangerous or hazardous substance release, shall be liable to and pay the city for its costs incurred, or incurred by any party which it may engage for the complete abatement, mitigation, cleanup, restoration and inspection of the affected area, and shall be guilty of a misdemeanor punishable by up to 90 days' imprisonment or a fine of up to $500.00, or both.

(c)

The City shall be entitled to recover any and all expenses of emergency responses. Such expenses shall include, but are not limited to, any related third party costs which are necessary to ensure the safety of the city and its populace and Buildings.

(d)

The city shall, after receiving an itemized statement of expenses incurred for emergency response, submit a statement of charges for same by first class mail to any such person whose identity and address are known. Such a statement may also be transmitted via facsimile or other electronic means if such means are reasonably determined to provide actual notice to the intended recipient. Said statement shall require payment within 45 days.

(e)

Any person receiving such a statement shall have the opportunity to appeal all or any portion of the amount shown on such statement by filing a written request for same with the fire chief within 30 days of receipt of an invoice from the city. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. Such appeals shall be heard by the city administrator, as hearing officer, or, in his absence, the designee of the city administrator. If the hearing officer determines that the appellant is not properly responsible for any or all of the amount charged, the hearing officer may waive or modify such charge against the appellant. The findings and decisions of the hearing officer shall be in writing and filed with the office of the fire chief.

(f)

If no written request for appeal is received within the specified time, the city may proceed by suit in a court of appropriate jurisdiction to collect any monies remaining unpaid at the expiration of 45 days from billing. If an appeal is filed, then a suit may be filed at anytime after a decision is made by the city administrator or the designee of the city administrator.

(g)

In addition, the city shall have any other remedy available to the city by law.

(h)

The city shall have a lien for all unpaid costs and damages incurred by the city and may enforce such lien in the manner prescribed by the general laws of this state, providing for the enforcement of tax liens.

(Ord. No. 690, art. I, 12-18-02)