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(a) The City Fire Chief or the Fire Chief’s authorized representative may inspect vehicles used in the transportation of hazardous materials at random. The vehicles must comply with all applicable laws and regulations in this chapter.
(b) The City, through its inspectors or other authorized employees, may enter and inspect premises at reasonable times where hazardous material or materials are stored, transferred, loaded, packaged, shipped or received. This authorization includes, without limitation, inspection of intermodal facilities and terminals as defined in Sections 387.01 and 394.03 of these Codified Ordinances. It also includes inspection at any time of the vehicle of any person who transports or offers for transportation hazardous materials subject to this chapter. Inspection, under this section, may include examination of any records or documents that relate to the transportation and the offering for transportation of hazardous materials subject to this chapter.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
Any incident or incidents involving hazardous materials occurring within the City and required to be reported by 49 C.F.R. 171.15 must be reported immediately upon discovery by the operator of the vehicle. In the event any incident or incidents involving a release or spillage of hazardous materials poses or may pose a threat of danger to health, safety or the environment, the incident must be reported immediately on discovery by a representative of a fixed facility as the term is defined in Sections 387.01 and 394.03 of these Codified Ordinances. The reporting must be made to the City of Cleveland’s emergency operator by telephone. The City Fire Chief must file a standing request with the Research and Special Programs Administration of the Department of Transportation, or its successor agency, for routine mailing to the Division of Fire of a copy of the written report required by 49 C.F.R. 171.16.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
The City Fire Chief or Police Chief may temporarily reroute or suspend the operation of some or all vehicles carrying hazardous materials within the City, without notice, whenever road, weather, traffic, emergency, or other circumstances warrant that action. All vehicles carrying hazardous materials must comply with any rerouting, suspension of operation, or other order issued under this section.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(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)
The Fire Chief may consider any quantity of hazardous material or materials that has been discharged during transportation to be a nuisance, if it may affect or endanger the life, health, or senses of the inhabitants of the City. The Fire Chief is authorized to, and may order, the owner, operator, source, or party in control of any vehicle or hazardous material to abate any nuisance in the manner required in Chapter 203 “Nuisance Abatement” (Health Code) or Chapter 381 “Enforcement and General Provisions” (Fire Prevention Code) of these Codified Ordinances.” An owner, operator, source, or party in control must comply with the order immediately, or within the time required in the order if a specific compliance date is provided. The City may take action to abate the nuisance and charge the owner, lessee, operator, or person most recently in control of the vehicle and/or the hazardous material or hazardous materials for the City’s cost of abatement.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
Any vehicle containing hazardous material, as specified in Section 394.05 of this chapter, which is abandoned, as defined in Section 451.25 of these Codified Ordinances, or subject to being impounded as provided in Chapter 405 of these Codified Ordinances, is declared a nuisance. The Fire Chief may order the abatement of the nuisance as described in Section 394.13 of this chapter, and the failure to comply with the order is a violation of this chapter. The City may take action to abate the nuisance and charge the owner, lessee, operator, or person most recently in control of the vehicle for the City’s costs of abatement.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
If any portion of this chapter, or any section or part of a section is declared by a court or a governmental agency of competent jurisdiction to be invalid or preempted, such declaration must be limited solely to that portion, section, or part of a section that was directly involved in the controversy before the court or agency on which judgment was rendered. That declaration may not affect or impair the validity of the remainder of the section or chapter.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(b) Any person who violates any provision of this chapter other than those listed in division (a) above or those which are felonies under state law is considered guilty of a misdemeanor of the first degree.
(c) Each violation must be treated separately. When a violation is a continuing one, each day of the violation constitutes a separate offense.
(d) This chapter may be enforced by the City in a criminal proceeding, without providing a prior notice of violation other than the notice required under the Ohio Rules of Criminal Procedure. This chapter may also be enforced through orders issued by the City Fire Chief or his or her designee, and any order may provide a time in which compliance is required. Any order issued may be appealed to the City Board of Zoning Appeals no later than thirty (30) days after the date the order was issued. The filing of an appeal shall not constitute an automatic stay of the order. Nothing in the section limits the City’s ability to bring a civil action for injunctive relief and apply for an adequate legal or equitable remedy. The City may also bring a civil injunction or collection action to enforce any provision of this chapter.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)