Laserfiche WebLink
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 /> (I) 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 properly or <br /> facilities where such release, discharge or deposit of hazardous material <br /> has occurred. <br /> ORDINANCE NO. 2010 -020 20 <br />