(A) Purpose. The purpose of this section is to enable the city to require reimbursement from:
(1) Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by, the leaking, spilling, releasing, or allowing certain hazardous substances or materials to escape containment, or for damaged and/or downed power lines, electric service lines, gas mains, gas service conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy leads, telephone lines, cable television lines, traffic signals and signs; thereby requiring the city and/or its agents, to provide containment, cleaning, and/or disposal of hazardous substances or materials, or for the securing and prudent monitoring of the site of an accidental or natural disaster, including those involving public or private utilities; and
(2) Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by or involved in an incident, either emergency or non-emergency, including bomb threats, vehicle fires, illegal fires, extrication from vehicles involved in accidents, and accident related clean up.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT, INCLUDING NATURAL DISASTER. An unforeseen or unexpected happening or occurrence which of itself causes great harm or damage, or which creates the potential for great harm or damage to individuals and/or property, and which requires immediate and prudent securing and monitoring by the city, and/or agents of the city, to reduce the potential for such damage, but does not include emergency incidents.
BOMB THREAT. The verbal or written threat of a bomb or other explosive device which if discharged as threatened would violate a federal, state, or local law; or cause property damage and/or personal injury or death.
DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS. Any substance (including gases or vapors) which if spilled, leaked, or otherwise released from its container, is dangerous or harmful to the environment or human or animal life, health, or safety, or otherwise constitutes a danger, threat, or nuisance to the public health, safety, or welfare. HAZARDOUS MATERIALS shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum based products, poisons, biologic agents, flammable combustibles, hazardous wastes, or corrosives. The Fire Chief or the Chief’s designee, shall have reasonable discretion to determine whether any particular substance constitutes a hazardous material.
EMERGENCY INCIDENT. A bomb threat, vehicle fire, an illegal fire, extrication from vehicles involved in accidents, and accident related clean up.
EMERGENCY RESPONSE. The providing, sending, and/or utilization of public works, police, fire, and/or rescue services by the city at an emergency incident or at an incident involving release of a dangerous or hazardous substance or material, or an accident requiring immediate and prudent securing and monitoring by the city and/or agents of the city.
EXPENSE OF AN EMERGENCY RESPONSE.
(a) The expense for an emergency incident will be determined according to ordinances adopted by the City Council.
(b) For all other emergency responses, the direct costs incurred by the city in making an appropriate emergency response to an accident or incident, including the costs of providing police, fire fighting, and rescue services, public works and/or other city personnel, or the services of other agents of the city, at the scene of an incident or accident. Related administrative costs, which for agents of the city shall be 15% of the actual charge to the city, accruing after the occurrence of such incident or accident are also included. Such costs and expenses shall include the salaries or wages, cost of workers’ compensation benefits, and fringe benefits of the personnel responding to the incident or accident and the costs of equipment and materials used.
ILLEGAL FIRE. A fire set or determined to have been set in violation of a federal, state, or local law and shall include an arson fire, a fire set in violation of a “no burning” ban, or order and/or a fire set without a required permit.
RESPONSIBLE PARTY. Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or any other legal entity responsible for an emergency incident or any owner, tenant, occupant, or party in control of real and/or personal property from which, onto which or related to which there is a public safety or fire emergency incident and their heirs, estates, successors, and assigns.
(C) Duty to remove and clean up. It shall be the duty of any person, firm, corporation, public or private utility, or any other entity directly or indirectly causing, contributing to, or allowing the leakage, spillage, or any other release of dangerous or hazardous substances or materials, or owning or controlling property affected thereby or requiring the securing and monitoring of sites or locations of accidents and/or natural disasters, including downed power lines and electric service lines, ruptured gas mains, gas service conduits, water mains, occupancy leads, telephone lines, or cable television lines, to immediately secure, monitor, and clean up the area or location in such manner that the area or location involved is fully restored to the condition existing prior to such occurrence. The city shall have no duty to contain, clean up, or dispose of any release of hazardous substances or materials, or other materials, but in emergency situations, the Fire Chief or Chief of Police, or their designees, shall have the authority to take whatever action is reasonably necessary to protect the health, safety, and welfare of the general public, including securing and monitoring sites of accidents or providing for or arranging for the containment, removal, and clean up of any hazardous substances or materials. The city shall inspect the site to ensure that clean up has been fully completed.
(D) Failure to remove and clean up. Any person or entity failing to comply with the provisions of this chapter, and/or where a non-emergency incident, emergency response is provided by the city, shall be liable to the city and shall reimburse the city for all costs and expenses, including the costs incurred by the city or any agents the city engages, for the complete abatement, clean up, restoration, and/or securing of the affected area.
(E) Payment of bill. The city shall, within ten days of receiving itemized costs incurred for an emergency response, submit a bill for the same by first class mail or personal delivery to any person or entity liable for these expenses as previously enumerated under this section. The bill shall require full payment within 30 days from date of billing.
(F) Enforcement. If any person or entity fails to pay the bill submitted by the city as above provided, the city shall have the right to bring an action in the appropriate court to collect such costs. If such person or entity is the owner of real property affected or partially affected by the release of hazardous materials, or requiring emergency securement or monitoring, the city shall have the right to add any and all costs of clean up, restoration and/or of any emergency response, to the tax roll of such property and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property.
(G) Fee schedule. The cost for the city’s response to emergency incidents, the city shall charge a fee equal the costs incurred by the city and shall be based upon the time and materials used by the city in clean up and containment, according to §§ 6-6-31, 6-6-32, 6-6-33, 6-6-33.1, 6-6-33.2, and 6-6-34 of this subchapter, as well as all other costs and expenses incurred by the city, plus administrative costs set forth in division (B) above.