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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 City, <br />or the City's authorized contractor, may enter said property to take such samples. <br /> <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 onto <br />the property for sampling purposes. All costs incurred by the City, including all <br />legal fees and costs, in obtaining judicial approval to sample hazardous materials <br />pursuant to this subsection shall be recoverable from any property owner or tenant <br />who refused the City access to the property. <br /> <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 /> <br />(1) The person or persons whose act or omission caused such release, <br />discharge or deposit without regard to fault or proximate cause; or <br /> <br />(2) The person or persons who owned or had custody or had control of <br />the material at the time of such release, discharge, or deposit, without <br />regard to fault or proximate cause; or <br /> <br />(3) The person or persons who owned or had custody or had control of <br />the 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; or <br /> <br />(4) The person or persons who own any property interest in the property <br />or facilities where such release, discharge or deposit of hazardous material <br />has occurred. <br /> <br />(h) Definitions. For purposes of this section, the following definitions shall <br />apply: <br /> <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 environment. "Hazardous material" includes, but is not <br />limited to, hazardous substances, hazardous wastes, and any material <br />which the Fire Department has a reasonable basis for believing would be <br />injurious to the health and safety of persons or harmful to the environment <br />if released into the environment. <br /> <br />(2) as used in subsections (b) and (e) of this section, "other material"