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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. <br />s <br />