§ 34.04  DUTY TO REMOVE AND CLEAN UP; FAILURE TO REMOVE AND CLEAN UP.
   (A)   It shall be the duty of the owner, operator, occupant or other person responsible for the operation, maintenance and/or condition of any building, premises, property, equipment or vehicle to clean up or repair those items listed in § 34.05 set forth in such a manner as to assure that the premises are safe and the area fully restored to its condition prior to the happening of the incident.
   (B)   The timing of the cleanup or repair shall be in conformity with the federal, state, county or local official in charge of overseeing the incident.
   (C)   In the event the owner, operator, occupant or other person responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle shall fail or refuse to fully cleanup or repair the incident, the city shall have the right, but not the obligation, to enter onto said property in order to conduct a cleanup or repair and to hire appropriate personnel in order to conduct a cleanup or repair.
   (D)   If the federal, state, county or local official in charge of overseeing the incident determines that the situation does not pose an emergency which shall require immediate action by the Fire Department, then prior to engaging in such cleanup or repair, the city shall make diligent efforts to notify the owner of its duty to abate the existing condition.
   (E)   All costs associated with the cleanup or repair shall be in addition to the costs associated in § 34.05 and are to be paid to the city in a like manner.
(Ord. 181, passed 4-1-2002)