§ 38-125. Assessment of costs of mitigation and cleanup; appeals.

(a)

The city fire department or other city official shall submit by certified mail, by hand delivery or by personal service a written itemized claim for the total costs incurred by the city pursuant to this division to the responsible person, and a written notice that, unless the amounts are paid in full within 60 days after the date of receipt of the claim and notice, the city may file a civil action seeking recovery for the stated amount.

(b)

Costs assessed pursuant to this division, including reasonable attorney's fees, court costs and administrative costs, shall be payable by the person responsible for the hazardous material incident. These costs shall be paid within 60 days from the date of receipt of the claim and notice and shall bear interest at ten percent per annum from the date when the claim becomes due and payable.

(c)

The person assessed with the costs set forth in this section shall have the right to appeal from the assessment and to appear before the city council within 60 days of the receipt of the claim and notice. The city council may suspend, modify, amend or revoke the assessment or condition the assessment on the promise of future remedial action for good cause shown. If an appeal is not taken as provided in this subsection, the assessment shall become final and effective upon lapse of the period provided in this subsection for making an appeal.

(Code 1985, § 9-55; Ord. No. 2449, § 2, 4-19-94)