44.01(A) Liability for Costs Incurred.
44.01(A)(1) Each
that discharges, releases or disseminates any hazardous substance within the
, and each
that owns or is in authorized possession of a
,
or property located within the
, to which any
personnel, agents or contractors respond in connection with a Hazardous Substance or
or due to a report of the presence of a Hazardous Substance or a combination of both, whether or not the response is ultimately deemed necessary to effect a rescue or abate a hazard, shall be liable, jointly and severally, to the
for all costs incurred that are associated with such effort, including but not limited to the costs of use of vehicles, equipment, materials and personnel, and shall be deemed to have committed an act punishable as provided in § 2.99 of the
.
44.01(A)(2) The provisions of this Section shall only apply to any
that violates any
, rule or regulation of any governmental entity, or whose act or omission to act is intentional, negligent, or occurs as a result of the existence of any defective or faulty machinery, mechanism or equipment of any kind.
44.01(B) Invoices. All responsible shall pay all costs under this Section within 45 days after the provides an itemized invoice to the responsible .
44.01(C) Liens for unpaid invoice. Any invoice that remains unpaid for a period of more than 90 days after submission may, at the option of the , be filed in the Public Records of Broward County as a lien against the land, which was the subject of the response and enforced by foreclosure proceedings. Such lien shall, subject to the provisions of the Florida Constitution and Florida
, continue for a period of 20 years and be coequal with the lien of all , county, district and municipal taxes, superior in dignity to all other liens, titles and claims (regardless of when created or recorded, if recorded) until paid.
(Ord. 2010-11, passed 10-4-2010)