(a) In addition to the criminal penalty provided in Section 394.99 of this chapter, in the event of a hazardous materials incident, as described in 49 C.F.R. 171.15, or 49 C.F.R. 171.16, or in the event of the declaration of a nuisance under this chapter, requiring the response of the Division of Fire or the Division of Police, or the Division of Emergency Medical Service, or other City employees or agents to control that incident, the transporter, the owner and/or lessee of the vehicle, the owner and/or source of the hazardous materials, and the operator of the vehicle must be jointly and severally liable to the City for the payment of all actual costs and expenses incurred in, and related to the incident. These costs and expenses must include the following: employee recall and overtime wages; equipment; supplies; uniforms; and materials and expenses necessary for the control and clean-up activities required through final regulatory closure of the incident. The amount of the costs and expenses must be determined by the City and must be billed to those liable, as described in this section. This responsibility is not conditioned on evidence of purpose, knowledge, recklessness, or negligence on the part of the transporter, or other party liable under this section.
(b) All billing for reimbursement of City costs described in division (a) of this section may be appealed to the Board of Zoning Appeals within thirty (30) days after receipt of the billing. The Board has jurisdiction to either affirm, reverse, or modify the billing. If the City does not receive reimbursement within fifteen (15) days after a decision of affirmation or modification by the Board, the City may institute a court action to collect or recover the costs.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)