(A) Notice. Upon notification or discovery of any violation of the provisions of this chapter, the city’s Fire Department shall immediately investigate the site upon which the violation is located. If a violation exists, a notice describing the violation shall be served upon the person who is responsible for the facilities upon which die violation has occurred, if the identity of the person is known. The notice shall also include the following, if applicable:
(1) A statement that the situation must be abated within the period of time prescribed by the city’s Fire Department, giving the person responsible for the release the option to initiate clean-up and disposal; provided that, no unreasonable delay or damage to the public is the result thereof;
(2) A statement that if the situation is not remedied within the prescribed period of time, administering agency with jurisdiction may proceed to secure appropriate public or private assistance to correct the violation;
(3) A statement that the person shall be liable for any costs incurred by public agencies associated with their responses, except for those costs that are associated with a normal emergency response;
(4) A statement that the nature of hazardous materials emergency response is outside the definition of “normal emergency response” for local government agencies as outlined in division (A)(3) above;
(5) A statement that if the administering agency, with jurisdiction, has secured correction of the violation, a bill shall be sent charging the person the amount of costs and expenses incurred by the governmental agency in securing the correction of the violation; and
(6) A statement that penalties may be levied for violations that have occurred.
(B) Governmental response. In cases where the identity of a person who is responsible for facilities upon which a violation has occurred is not known at the time a violation is reported, the city or any governmental agency with jurisdiction in the city may take reasonable steps to abate any problem and may take reasonable steps to clean-up the area affected to assure continuing safety of the public and the environment. When the identity of the person responsible for the facility is determined, a bill shall be sent to the person for the costs for correcting the violation according to the provisions of division (A) above.
(C) Injunctive relief. The city is empowered to seek injunctive relief for violations of this chapter should other means prove ineffective and a threat to public health and safety exists.
(Prior Code, § 121.08) (Ord. 13-2000, passed 8-21-2000)