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(A) Establishment and empowerment. The Appeals Board shall serve as the Board of Appeals in actions relative to violations of this chapter.
(B) Appeal. The Board, in hearing an appeal, shall recommend to the city that the administering agency’s action be modified, upheld, or dismissed or that a fine or penalty levied upon a person for violation of any provision of this chapter be set aside, modified or left intact.
(Prior Code, § 121.10) (Ord. 13-2000, passed 8-21-2000)
It shall be an affirmative defense to any enforcement action, other than an action for violation of § 119.06 of this chapter, including recovery of clean-up costs pursuant to this chapter, if a person can prove that a release of hazardous materials was caused solely by:
(A) An act of God;
(B) An act of war;
(C) Negligence on the part of the city;
(D) An act or omission of a third party; or
(E) Any combination of the foregoing clauses.
(Prior Code, § 121.11) (Ord. 13-2000, passed 8-21-2000)
This chapter shall not create liability on the part of the city, or any of its city departments, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons are advised to determine to their own satisfaction the level of protection, in addition to that required by this chapter, necessary or desirable to ensure that there is no unauthorized release of hazardous materials.
(Prior Code, § 121.12) (Ord. 13-2000, passed 8-21-2000)
(A) Amount exceeding reportable quantity. The person responsible for a hazardous material release in an amount exceeding the reportable quantity may be fined not more than $1,000, if the release is not authorized, and if the release involved willful violation, negligence or repeated spills under similar conditions and where a significant quantity of hazardous material is involved taking into account real or potential damage to the environment and threat to the public health.
(B) Failure to notify 911 dispatch. The responsible person who fails to notify the 911 dispatch center, as required by § 119.06 of this chapter, may be fined not more than $5,000.
(C) Any provision other than notification. The person who otherwise violates any provision of this chapter, other than § 119.06 of this chapter, shall be fined not more than $100. Every incident giving rise to such a violation shall constitute a separate offense; however, no person shall be held responsible for more than one violation per day where the violations occur at the same facility and are casually related.
(D) Civil damage. Any person violating any of the provisions of this chapter shall, subject to the affirmative defenses set forth in § 119.10 of this chapter, become liable, civilly, to the city government by reason of such violation, including, but not limited to, any clean-up, evacuation, administrative or other expenses and legal expenses.
(E) Penalties imposed pursuant to legislative authority. Any penalties imposed under this section shall be levied by the city pursuant to its legislative authority.
(Prior Code, § 121.09) (Ord. 13-2000, passed 8-21-2000)