§ 5-45. Responsibility—Fees and charges.

(a)

The property owner and/or the party having control over the hazardous materials or substances that creates the hazardous materials or substances emergency shall be held financially liable for any costs as defined above incurred by the city or other governmental entity during or as a result of the emergency. The property owner and/or party having control over such hazardous materials or substances, may provide personnel to assist abatement, removal and remedial measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of state and federal laws. The city shall not be liable for the use of any such personnel. Assistance shall consist of any or all of the following:

(1)

Informing fire department personnel of all matters pertaining to the incident.

(2)

Supplying emergency response plan information for the site.

(3)

Supplying emergency response equipment, personnel and materials.

(4)

In all cases the first one hundred dollars ($100.00) of costs shall not be charged to the party or parties.

(b)

Costs for hazardous materials emergency response on behalf of the city shall be based upon a yearly schedule as detailed in the fire fee schedule. Items may include but not be limited to:

(1)

Engine responses;

(2)

Hazardous materials unit response;

(3)

Ladder truck response;

(4)

Squad truck response;

(5)

Battalion chief/emergency coordinator response;

(6)

Reusable entry suits;

(7)

Monitors;

(8)

Any other actual costs as defined above of the response to, limiting, containing, controlling, abating, mitigating, or any necessary monitoring of an incident of hazardous materials or substances as defined above.

(c)

Failure to pay the charges as assessed shall give the city the right to levy a lien upon the land or the premises where the hazardous material emergency arose and the levy shall be collected in the same manner as unpaid taxes pursuant to the authority of G.S. 160A-193 and G.S. 105-355 or as may be hereinafter amended or recodified.

(Ord. No. 2019-16 , § 3, 4-8-19)