§ 92.008 HAZARDOUS MATERIALS COST RECOVERY.
   (A)   Generally. Emergency response service fees and mitigation expenses may be charged to any person, firm, business, or corporation that through accident, negligence, violation of state law, or city ordinance is responsible for the Fire Department, including mutual aid assistance, to respond to the scene of a hazardous materials emergency. Said response shall be defined as an incident involving a fire, a hazardous materials release, or the danger of a release where life and/or property is a risk.
   (B)   Associated costs and fees. Fees may include replacement cost of materials, use of equipment, and salaries, as found in the city burden rate schedule, developed by the Officer of Finance and kept on file by the City Clerk, available to the public for inspection. Fees shall further include mutual aid departments used to assist in the handling or mitigation of hazards.
   (C)   Emergency abatement. The Fire Chief, or his or her designated representative, shall further have the right to take immediate action to mitigate and/or abate any immediate hazard, including the seizure of property, the expenses of which shall be the responsibility of the property owner.
   (D)   Nonpayment of fees. If the costs associated with the aforementioned emergency response are not paid to the city in a timely manner, the response, mitigation, and abatement costs may become a lien upon the affected property. Affected persons shall be notified of action taken as soon as possible.
(Prior Code, § 92.008) (Ord. 96-6, passed 3-18-1996)