8E Consent 2010 1018 - Laserfiche WebLink

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(2) as used in subsections (b) and (e) of this section, "other material" shall mean any material, whether or not in fact a hazardous material, which is unidentified or unidentifiable at the time of the Fire Department's response and which the City Manager or his or her designee reasonably believes may be hazardous material. (3) "person or persons" shall include any natural person or persons, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, government entity or the manager, lessee, agent, servant, officer or employee of any of them. (i) Costs. For purposes of this section, costs incurred and recoverable by the City shall include, but shall not be limited to, the following: actual labor costs of City personnel, including benefits and administrative overhead; costs of equipment operation; cost of materials obtained directly by the City; cost of any contract labor, services, equipment and materials; and costs of suit and attorney's fees. (j) Account. The Finance Director shall establish a separate "Cost Recovery - Hazardous Materials Cleanup" account. All costs of clean -up and abatement carried out pursuant to the authority granted by this section, including but not limited to investigation, personnel, equipment, materials, legal process, experts. costs of suit and attorneys' fees shall be billed to this account. Upon recovery of any clean -up or abatement costs pursuant to this section, all such costs shall be reimbursed to those City departments and offices in an amount proportionate to their actual costs expended in said clean -up and abatement. (k) Legal Action. In the event a person or persons fail(s) to comply with an order issued pursuant to subsections (c) or (d). the City Attorney. at the request of the City Council, may bring an action for a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. The City's costs in bringing such action, including those costs defined in subsection (i), shall be recoverable by City. In the event any person or persons fails to pay City any costs due City pursuant to this section, City may place a lien on said person or persons' property, or, the City Attorney may, at the request of the City Council, bring a civil action for collection of such costs. (I)' Fire Suppression Costs Excluded. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Department. (m) Discretionary Nature of This Section. The provisions hereof are discretionary and not ministerial. Accordingly, the City shall not be liable to any person or to the public in general for failure or refusal to take any action authorized by this ordinance." 20