§ 94.101 UNAUTHORIZED DISCHARGES; CLEAN-UP BY CITY AND RECOVERY OF COSTS.
   (A)   The Fire Department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property or facilities located within the corporate limits of the city.
      (1)   Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances that requires emergency action by the Fire Department of the city or its authorized agents in order to protect the public health, safety or welfare shall be jointly and severally liable to the city for the costs incurred by the city in investigating, mitigating, minimizing, removing and abating any such discharge.
      (2)   When responding to the emergency caused by the unauthorized discharge of hazardous substances, the Fire Department of the city shall keep a detailed record of the costs attributable thereto.
      (3)   The authority to recover costs under this section shall not include costs incurred for actual fire suppression services which are normally or usually provided by the city's Fire Department or its authorized agents.
   (B)   (1)   Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the city for the full amount of all costs, as defined in § 94.100, associated with the investigating, mitigating, minimizing, removing and abating of any such discharge within a period of 30 days after receipt of an itemized bill for such costs from the city.
      (2)   The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law and equity.
('72 Code, § 12-52(b), (c)(1) and (3)) (Ord. O-89-1, passed 1-4-89) Penalty, see § 94.999