§ 93.01  COST RECOVERY FOR EMERGENCY RESPONSES.
   (A)   Any person causing an unauthorized release of any hazardous substance which requires the City Volunteer Fire Department, any city agency or any agent of the city to expend public funds for the response to the release, its abatement or the cleanup or removal of such hazardous substance shall be liable to the city for all recoverable costs as outlined herein below incurred by the city, the City Volunteer Fire Department, any city agency or any agent of city for such response, cleanup and removal.
   (B)   In the event of a hazardous substance release or threatened releases involving materials in transit, the shipper or carrier, the owner of the substances and all other responsible persons, jointly and separately, shall be responsible for all costs incurred by the city, City Volunteer Fire Department, any city agency, any agent of city or any other dispatched emergency response team responding to the incident or providing mutual aid to the city, the City Volunteer Fire Department, including, but not limited to, personnel costs incurred in responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the release or threatened release and proper disposal of contaminated materials, cleanup, evacuation and administrative and other expenses, that result from the release or threatened release, including legal expenses, incurred in recovering these costs. The City Attorney is hereby authorized and directed to initiate such proceedings, in the name of the city, in any court having jurisdiction over such matters as are necessary to cover costs incurred as described herein.
   (C)   In the event of a hazardous substance release or threatened release involving a fixed facility, the operator, owner and all other persons responsible for the hazardous substances shall be responsible for all costs incurred by the city, City Volunteer Fire Department, any city agency, any agent of city or any other dispatched emergency response team responding to the incident or providing mutual aid to, but not limited to, personnel costs incurred in responding to the release or threatened release, replacement costs of supplies and equipment contaminated as result of the release of threatened release and proper disposal of contaminated materials, cleanup, evacuation and administrative and other expenses that result for the release including legal expenses incurred in recovering these costs. The City Attorney is hereby authorized and directed to initiate such proceedings in the name of the city in any court having jurisdiction over such matters as are necessary to cover costs incurred as described herein.
   (D)   Any hazardous substance or material release shall be considered a public health hazard and for those responses by the city, City Volunteer Fire Department, any city agency, any agent of city or any other dispatched emergency response team responding to the incident or providing mutual aid to the city or any City Volunteer Fire Department, including a fixed facility within the city shall have a lien against the property for the recoverable costs described herein. The affidavit of the Mayor of the city shall constitute prima facie evidence of the amount of the lien and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of 12% until paid. The lien created shall take priority over all other subsequent liens, except those asserted by any city or other taxing district, which has priority under KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this chapter shall also be personally liable for the amount of the lien, including all interest, civil penalties and other charges, and the city shall have the same remedies as provided for the recovery of a debt owed.
(Ord. 04-12-04, passed 5-10-2004)