A used in this Title the following terms shall have the meanings designated:
EXPENSES: The actual labor costs of government and volunteer personnel including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials.
HAZARDOUS MATERIALS EMERGENCY: A sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical, or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat.
(Ord. 2000-6, 1-4-2000)
The City is hereby empowered to recover from any person whose negligent or intentional act caused the City or any assisting agency to incur any expenses directly associated with responding to a hazardous materials emergency. These expenses may be collected in accordance with the following procedures:
A. The City shall determine responsibility for the hazardous materials emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the City's determination of responsibility and the costs to be recovered.
B. The notice shall specify that the determined responsible party may appeal the City's decision to the Mayor, who may designate a hearing officer to hear the appeal. Any appeal shall be filed, in writing, with the City Recorder's office not more than thirty (30) days from the date of service of notice. The date of service of notice shall be the date of personal delivery or three (3) days after the date of mailing, as applicable.
C. In the event the determined responsible party appeals the determination, the hearing officer shall hold a 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.
D. The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a final decision assessing responsibility and expenses.
(Ord. 2000-6, 1-4-2000)
In the event any person determined to be responsible for the repayment of hazardous materials emergency expenses fails to make payment to the City within thirty (30) days after a final determination of any appeal to the Mayor, or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City may initiate legal action to recover from the determined responsible party the expenses determined to be owing, including the City's reasonable attorney fees and costs of such recovery.
(Ord. 2000-6, 1-4-2000)