(A) Liability.
(1) Any person that uses, stores, handles, transports, or disposes of any dangerous, hazardous, or toxic substances or materials or any substances or materials reasonably believed to be dangerous, hazardous, or toxic in such a fashion or manner so as to necessitate a response by the city Fire Department shall be liable to the city for reimbursement of the costs and expenses made necessary by such response of the city Fire Department pursuant to the provisions of this chapter.
(2) The city Fire Department shall prepare a billing pursuant to this chapter and shall submit such billing to the party responsible for paying the costs and expenses identified in this chapter no later than 30 days following any reimbursable responses of the city Fire Department to a hazardous materials incident.
(3) The person/organization responsible for reimbursing the city under the provisions of this chapter shall tender payment in satisfaction of the aforementioned billing no later than 30 days following receipt of the billing prepared and issued by the city Fire Department Fire Chief. Said payment shall be to the city and directed to the office of the Clerk-Treasurer of the City.
(4) Any person who fails to reimburse the city within the aforementioned 30 days shall be deemed to have violated this chapter and shall be subject to a penalty equivalent to 5% of the total billed amount for every day that the responsible party fails to tender reimbursement to the city.
(B) Appeal process. If a person objects to the aforementioned billing by the city, the responsible party must file with the city Board of Public Works a written objection to the billed amount. Upon receipt of such written objection, the city Board of Public Works shall place the matter on the agenda of its next regularly scheduled meeting and shall allow the responsible party an opportunity to object to the billing. The city Board of Public Works shall then deliberate and issue a written opinion concerning the appropriateness of the billed amount. If the responsible party objects to the decision of the city Board of Public Works, a petition requesting judicial review of the decision of the city Board of Public Works shall be filed with the Henry County Circuit Court no later than 30 days from the date of the decision of the city Board of Public Works. Failure to do so in the allotted time shall nullify the written objection and the party will be liable for the complete billed amount plus penalties. The Henry County Circuit Court Judge shall conduct a hearing on the petition as expeditiously as is consistent with the Court’s calendar. The decision of the Henry County Circuit Court Judge shall be final unless the responsible party or the city Board of Public Works appeals that decision pursuant to the appellate procedure for appeal of any civil matter.
(Ord. 3587, passed 12-21-09) Penalty, see § 10.99