A.   Purpose: This section shall provide procedures for recovering costs incurred by the city for city assistance in hazardous materials emergencies pursuant to title 53, chapter 2, section 105(3) of the Utah Code Annotated (1953). (Ord. 2002-02, 1-15-2002)
   B.   Definitions:
      1.    A fire proximately caused by the owner or occupier of the property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat and the fire.
           a. Is caused or contributed to by the failure to comply with an order from state, county or local agency, department or official; or
           b. Occurs as a direct result of a deliberate act in violation of state law or the ordinance or regulations of the county or other local agency.
      2.   A fire that constitutes arson or reckless burning as defined by the Utah code.
   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 as outlined in the standard table of costs approved by the Fire Officers Association.
   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. 2002-02, 1-15-2002; amd. Ord. 2010-07, 6-15-2010)
   C.   Recovery Authorization And Procedure: The city is empowered to recover, from any person, corporation, partnership or other individual or entity whose negligent or intentional actions cause the hazardous material emergency, expenses incurred by city agencies directly associated with a response to a hazardous materials emergency pursuant to the following procedure:
      1.   The city shall determine responsibility for the emergency and notify the responsible party by mail of the city's determination of responsibility and the costs to be recovered.
      2.   The notice shall specify that the party determined responsible may appeal the city's decision before a hearing officer designated by the mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than fifteen (15) days from the date of the notice.
      3.   In the event the party determined responsible appeals the determination, the hearing officer shall hold a public 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.
      4.   The hearing officer shall, after the hearing, make a recommendation to the mayor, who shall issue a decision assessing responsibility and costs.
   D.   No Admission Of Liability: The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages.
   E.   Action To Recover Costs: In the event parties determined to be responsible for the repayment of hazardous material emergency costs fail to make payment to the city within thirty (30) days after a determination of any appeal by 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 parties determined responsible the costs determined to be owing, including the city's reasonable attorney fees. (Ord. 2002-02, 1-15-2002)