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(h) Definitions. For purposes of this section, the following definitions shall apply:
<br />(1) "hazardous material" means any material that, because of quantity,
<br />concentration, or physical or chemical characteristics, poses a significant
<br />present or potential hazard to human health or safety or to the environment if
<br />released into the work-place or the environment: "Hazardous material"
<br />includes, but is not limited to, hazardous substances, hazardous wastes, and
<br />any material which the Fire Department has a reasonable basis for believing
<br />would be injurious to the health and safety of persons or harmful to the
<br />environment if released into the work place or the environment.
<br />(2) as used in subsections (b) and (e) of this section, "other material" shall mean
<br />any material, whether or not in fact a hazardous material, which is
<br />unidentified or unidentifiable at the time of the Fire Department's response
<br />and which the City Manager or his or her designee reasonably believes may
<br />be hazardous material.
<br />(3) "person or persons" shall include any natural person ar 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, costs 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 />HazardousMaterials Cleanup" account. All costs of clean-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) Legal 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.
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