(A) All releases or threatened releases of any hazardous material, including a release or threatened release of a hazardous material involved in transportation or transit or a release or threatened release of a hazardous material at a fixed facility, shall be considered a public health hazard in the city. For the purpose of securing all recoverable costs incurred in executing a response to any hazardous material release or threatened release by the city and any agent of the city, including the HAZMAT TEN Regional Hazardous Materials Response Team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in the city, the City Commission shall have, and there is hereby created, a lien against the real or personal property in the city possessed by the owner/operator, handler, or any other responsible party or person. The affidavit of the Mayor of the city shall constitute prima facie evidence of the amount of the lien and it shall be recorded in the office of the Perry County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of 12% until paid. The lien created shall take priority over all other subsequent liens, except KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this section shall also be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city shall have the same remedies as provided for the recovery of a debt owed.
(B) The lien shall be enforced upon the filing of an action in the Perry County Circuit Court naming all persons with a security or other interest in the real or personal property to which the lien is attached.
(C) As to any moveable personal property or mobile carrier located in the city, including, but not limited to, any tilted motor vehicle, trailers attached thereto, vessels, cargo tanks, locomotive engines, rail tank cars, rolling stock, and other equipment used to store or transport a hazardous material, the City Commission may effectuate or order the seizure or impoundment of such property pending enforcement of the lien by the Perry County Circuit Court. In addition, the Police Department may order impoundment to preserve such property as evidence.
(Ord. 2005-2, passed 9-6-05)