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3B Public Hearing 2010 1115
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3B Public Hearing 2010 1115
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11/22/2010 9:36:14 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/15/2010
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_CC Agenda 2010 1105
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1115
Ord 2010-013
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\City Clerk\City Council\Ordinances\2010
Ord 2010-014
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\City Clerk\City Council\Ordinances\2010
Ord 2010-015
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\City Clerk\City Council\Ordinances\2010
Ord 2010-016
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\City Clerk\City Council\Ordinances\2010
Ord 2010-017
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Ord 2010-018
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\City Clerk\City Council\Ordinances\2010
Ord 2010-019
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\City Clerk\City Council\Ordinances\2010
Ord 2010-020
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\City Clerk\City Council\Ordinances\2010
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action as is necessary to supervise or verify the adequacy of such cleanup or <br />abatement. The person or persons described in subsection (g) shall be liable to <br />the City for all costs incurred as a result of such supervision or verification. <br />(f) Access to Property In the event the City Manager, or his or her designee, <br />reasonably believes that a release, discharge or deposit of hazardous material may <br />have occurred upon, under or into property or facilities within the City, the City <br />Manager, or his or her designee, may request the owner of said property and any <br />tenant thereon to grant its /their consent to the City or to the City's authorized <br />contractor to enter onto said property for the purpose of taking samples of matter <br />suspected of containing hazardous materials. If such consent is obtained, the <br />City, or the City's authorized contractor, may enter said property to take such <br />samples. <br />If either the owner of said property or any tenant thereon refuses to grant its /their <br />consent to such sampling, the City Manager or his or her designee may request <br />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 <br />all legal fees and costs, in obtaining judicial approval to sample hazardous <br />materials pursuant to this subsection shall be recoverable from any property <br />owner or tenant who refused the City access to the property. <br />(g) Responsible Parties The following described persons shall be jointly and <br />severally liable to the City for the payment of all costs incurred by the City as a <br />result of any activity undertaken by the City pursuant to subsections (b), (c), (d) <br />and (e): <br />(1) The person or persons whose act or omission caused such release, <br />discharge or deposit without regard to fault or proximate cause; and <br />(2) The person or persons who owned or had custody or had control of the <br />material at the time of such release, discharge, or deposit, without regard <br />to fault or proximate cause; and <br />(3) The person or persons who owned or had custody or had control of the <br />container which held such material at the time of or immediately prior to <br />such release, discharge or deposit, without regard to fault or proximate <br />cause; and <br />(4) The person or persons who own any property interest in the property or <br />facilities where such release, discharge or deposit of hazardous material <br />has occurred. <br />ORDINANCE NO. 2010-020 20 <br />
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