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(d) Clean Up Order. In the event that the City Manager or his or her designee determines that a release, discharge or deposit of hazardous material upon, under or into property or facilities within the City poses a threat to the public health, safety or welfare or to the environment, the City Manager or his or her designee may order any person or persons listed in subsection (g) to clean up or abate the hazardous material at said person or person's costs. (e) Supervision And Verification. In the event that any person or persons undertakes, either voluntarily or upon order of the City Manager or his or her designee, to clean up or abate the effects of any hazardous material or any other material that is unlawfully released, discharged or deposited upon, under or into any property or facility within the City, the City Manager or his or her designee may take such action as is necessary to supervise or verify the adequacy of such cleanup or abatement. The person or persons described in subsection (g) shall be liable to the City for all costs incurred as a result of such supervision or verification. (f) Access to Property. In the event the City Manager, or his or her designee, reasonably believes that a release, discharge or deposit of hazardous material may have occurred upon, under or into property or facilities within the City, the City Manager, or his or her designee, may request the owner of said property and any tenant thereon to grant its/their consent to the City or to the City's authorized contractor to enter onto said property for the purpose of taking samples of matter suspected of containing hazardous materials. If such consent is obtained, the City, or the City's authorized contractor, may enter said property to take such samples. If either the owner of said property or any tenant thereon refuses to grant its/their consent to such sampling, the City Manager or his or her designee may request the City Attorney to obtain all necessary judicial orders and approval for entry onto the property for sampling purposes. All costs incurred by the City, including all legal fees and costs, in obtaining judicial approval to sample hazardous materials pursuant to this subsection shall be recoverable from any property owner or tenant who refused the City access to the property. (g) Responsible Parties. The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of any activity undertaken by the City pursuant to subsections (b), (c), (d) and (e): (1) The person or persons whose act or omission caused such release, discharge or deposit without regard to fault or proximate cause; and (2) The person or persons who owned or had custody or had control of the material at the time of such release, discharge, or deposit, without regard to fault or proximate cause; and ORDINANCE NO. 2007-023 3 S