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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
<br />if released into the work -place or the environment. "Hazardous material"
<br />includes, but is not limited to, hazardous substances, hazardous wastes,
<br />and any material which the Fire Department has a reasonable basis for
<br />believing would be injurious to the health and safety of persons or harmful
<br />to the 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
<br />mean 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
<br />may be hazardous material.
<br />(3) "person or persons" shall include any natural person or persons, joint
<br />venture, joint stock company, partnership, association, club, company,
<br />corporation, business trust, organization, government entity or the
<br />manager, lessee, agent, servant, officer or employee of any of them.
<br />(i) Costs For purposes of this section, costs incurred and recoverable by the City
<br />shall 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
<br />labor, 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 of clean-up and abatement
<br />carried out pursuant to the authority granted by this section, including but not
<br />limited to investigation, personnel, equipment, materials, legal process, experts,
<br />costs of suit and attorneys' fees shall be billed to this account. Upon recovery of
<br />any clean-up or abatement costs pursuant to this section, all such costs shall be
<br />reimbursed to those City departments and offices in an amount proportionate to
<br />their actual costs 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
<br />issued pursuant to subsections (c) or (d), the City Attorney, at the request of the
<br />City Council, may bring an action for a prohibitory or mandatory injunction,
<br />either preliminary or permanent, as the facts may warrant. The City's costs in
<br />bringing such action, including those costs defined in subsection (i), shall be
<br />recoverable by City.
<br />In the event any person or persons fails to pay City any costs due City pursuant to
<br />this section, City may place a lien on said person or persons' property, or, the City
<br />ORDINANCE NO. 2010 -020 21
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