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~~ a ~ s <br />(3) "person or persons" shall include any natural person or persons, joint venture, <br />joint stock company, partnership, association, club, company, corporation, <br />business trust, organization, government entity or the manager, lessee, agent, <br />servant, officer or employee of any of them. <br />(i) Costs. For purposes of this section, casts incurred and recoverable by the City shall <br />include, but shall not be limited to, the following: actual labor costs of City <br />personnel, including benefits and administrative overhead; costs of equipment <br />operation; cost of materials obtained directly by the City; cost of any contract labor, <br />services, equipment and materials; and costs of suit and attorney's fees. <br />(j) Account. The Finance Director shall establish a separate "Cost Recovery - <br />Hazardous Materials Cleanup" account. All costs ofclean-up and abatement carried <br />out pursuant to the authority granted by this section, including but not limited to <br />investigation, personnel, equipment, materials, legal process, experts, costs of suit <br />and attorneys' fees shall be billed to this account. Upon recovery of any clean-up or <br />abatement costs pursuant to this section, all such costs shall be reimbursed to those <br />City departments and offices in an amount proportionate to their actual costs <br />expended in said clean-up and abatement. <br />(k) Leal Action. In the event a person or persons fail(s) to comply with an order issued <br />pursuant to subsections (c) or (d), the City Attorney, at the request of the City <br />Council, may bring an action for a prohibitory or mandatory injunction, either <br />preliminary or permanent, as the facts may warrant. The City's costs in bringing such <br />action, including those costs defined in subsection (i), shall be recoverable by City. <br />In the event anyperson or persons fails to pay City any costs due City pursuant to this <br />section, City may place a lien on said person or persons' property, or, the City <br />Attorney may, at the request of the City Council, bring a civil action for collection of <br />such costs. <br />(1) Fire Suppression Costs Excluded. The authority to recover costs under this section <br />shall not include actual fire suppression services which are normally or usually <br />provided by the Fire Department. <br />(m) Discretionary Nature of This Section. The provisions hereof are discretionary and <br />not ministerial. Accordingly, the City shall not be liable to any person or to the <br />public in general for failure or refusal to take any action authorized by this <br />ordinance." <br />9 <br />