The city is hereby empowered to recover from any person, corporation, partnership or other individual or entity whose negligent actions cause the hazardous material emergency expenses incurred by city agencies directly associated with a response to a fire emergency pursuant to the following procedure:
(A) the city shall determine responsibility for the emergency and notify the responsible party by first class mail of the city’s determination of responsibility and the expenses to be recovered.
(B) The notice shall specify that the responsible party may appeal the city’s decision before a hearing officer appointed by the City Council. The appeal shall be filed not less than 15 days from the date of mailing on the notice.
(C) In the event the responsible party appeals the city’s decision, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions. The appealing party shall bear the burden of proof.
(D) The hearing officer shall, after the hearing, issue a decision assessing responsibility and expenses.
(Ord. 694, passed 1-7-91)