248.10  HAZARDOUS MATERIAL EMERGENCIES OR INCIDENTS; ABATEMENT; COSTS.
   (a)   The Fire Department is hereby authorized to control and eliminate hazardous materials and hazardous material emergencies.  The Fire Department shall have the authority to summarily remove, abate and remedy all hazardous material emergencies or incidents within or without the corporate limits of the City which are dangerous or prejudicial to public health or public safety.  Any expenses incurred by the Fire Department in responding to a hazardous material emergency or incident shall be the joint and severable liability of the owner or owners of the hazardous material which is the subject of the emergency or incident, whether resident or nonresident.
   (b)   The Fire Department, as determined by the Fire Chief or his or her designee, is hereby authorized to seek and obtain the services of an independent hazardous material specialist or to seek the same with the company or companies responsible for the hazardous material emergency or incident.  The expenses incurred in removing, abating or remedying a hazardous material emergency or incident shall include, but not be limited to, charges for all materials used; a charge for all fire-fighting services, including equipment and manpower; charges for experts, specialists or other consultants; and all other charges associated or related to the hazardous material emergency or incident.
   (c)   The Fire Chief shall ascertain the expenses incurred in removing, abating or remedying the hazardous material emergency or incident and shall notify the responsible person, informing such person that all expenses and charges therefor are due and payable within thirty days from the date of notice of the charges.  Whoever fails or refuses to pay such expenses shall be responsible for all attorney fees, collection costs and other expenses incurred by the City in effecting collection of the amounts owing.  Monies collected hereunder as expenses for removing, abating or remedying any hazardous material emergency or incident shall be used by the City to purchase materials, training and programs for controlling and containing hazardous material emergencies and incidents.
(Ord. 678.  Passed 11-4-96.)