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)