(a) Supplemental beneficial projects (SBP). This chapter shall not prohibit the Town of Melbourne Beach from entering into binding agreements with the responsible party for monetary payment, provided that all or part of the responders agree with the SBP in lieu of payment or the Town of Melbourne Beach accepts the SBP and compensates the other responders. SBPs are projects which a responsible party agrees to undertake to benefit the emergency response entity but is not otherwise legally required to perform. The SBP must have a direct benefit to the responding entity of the Town of Melbourne Beach and the value of the SBP can be used to offset monetary payment on a dollar for dollar basis. There is no minimum or maximum amount of monetary payment that can be offset by a SBP.
(b) Civil action. The town may enforce the provisions of this chapter by civil action in a court of competent jurisdiction for the collection of any amounts due under this chapter plus administrative collection costs and attorneys' fees, or for any other relief that may be appropriate. A certified copy of a judgment in favor of the town may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by such person; and such lien shall be coequal with the lien of all state, district and municipal taxes, superior in dignity to all other liens. titles and claims until paid or extinguished.
(c) Other remedies. This chapter shall not prohibit the town from pursuing any other remedy, whether civil or criminal, or from instituting any appropriate action or proceeding, including injunction in a court of competent jurisdiction, nor shall the recovery of extraordinary expenses under this chapter in any way release the various parties, or limit them, from legal liability incurred as a result of hazardous material cleanup or abatement as defined under any local state or federal rule or regulation.
(Ord. 2021-05, adopted 11-17-21)