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5 ~ t ~ <br />unlawfully released, discharged or deposited by a person or persons upon, under or <br />into property or facilities within the City. <br />(c) Study Order. In the event the Fire Chief or his or her designee reasonably believes <br />that a release, discharge or deposit of hazardous material may have occurred upon, <br />under or into property or facilities within the City, the Fire Chief or his or her <br />designee may order investigative studies to be performed by any of those parties <br />listed in subsection (g). Such studies shall include data on the nature and extent of <br />the release. The person or persons ordered to perform studies pursuant to this <br />subsection shall bear the costs of such studies. <br />(d) Clean Up Order. In the event that the Fire Chief or his or her designee determines <br />that a release, discharge or deposit of hazardous material upon, under or into property <br />or facilities within the City poses a threat to the public health, safety or welfare or to <br />the environment, the Fire Chief or his or her designee may order any person or <br />persons listed in subsection (g) to clean up or abate the hazardous material at said <br />person or person's costs. <br />(e) Supervision And Verification. In the event that any person or persons undertakes, <br />either voluntarily or upon order of the Fire Chief or other city official, to clean up or <br />abate the effects of any hazardous material or any other material that is unlawfully <br />released, discharged or deposited upon, under or into any property or facility within <br />the City, the Fire Chief may take such action as is necessary to supervise or verify the <br />adequacy of such cleanup or abatement. The person or persons described in <br />subsection (g) shall be liable to the City for all costs incurred as a result of such <br />supervision or verification. <br />(f) Access to Property. In the event the Fire Chief, or his or her designee, reasonably <br />believes that a release, discharge or deposit of hazardous material may have occurred <br />upon, under or into property or facilities within the City, the Fire Chief, or his or her <br />designee, may request the owner of said property and any tenant thereon to grant <br />its/their consent to the City or to the City's authorized contractor to enter onto said <br />property for the purpose of taking samples of matter suspected of containing <br />hazardous materials. If such consent is obtained, the City, or the City's authorized <br />contractor, may enter said property to take such samples. <br />If either the owner of said property or any tenant thereon refuses to grant its/their <br />consent to such sampling, the Fire Chief, in conjunction with the City Manager, may <br />request the City Attorney to obtain all necessary judicial orders and approval for entry <br />onto the property for sampling purposes. All costs incurred by the City, including all <br />legal fees and costs, in obtaining judicial approval to sample hazardous materials <br />pursuant to this subsection shall be recoverable from any property owner or tenant <br />who refused the City access to the property. <br /> <br />