[HISTORY: Adopted by the City Commission of the City of Royal Oak 4-19-1993 by Ord. No. 93-6. Amendments noted where applicable.]
Emergency response costs — See Ch. 306.
This chapter shall be known and may be cited as "Reimbursement for Hazardous Materials and Incendiary-Type Fires."
The following definitions apply in this chapter:
- DANGEROUS OR HAZARDOUS MATERIAL
- Any substance which is spilled, leaked or otherwise released from its container, which, in the determination of the Fire Chief or his authorized representative, is dangerous or harmful to the environment or human or animal life, health or safety, or is obnoxious by reason of odor, or is determined by the City to constitute a danger or threat to the public health, safety or welfare and shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.
- INCENDIARY-TYPE FIRES
- A fire that was maliciously and willfully set.
It shall be the duty of any person or any other entity which causes or controls leakage, spillage or any other dissemination of dangerous or hazardous substances or materials to immediately stabilize the hazardous material release and remove such and clean up the area in such manner that the area is fully restored to its condition prior to the dissemination.
Any such person or entity which fails to comply with § 379-3 of this chapter or is unable to do so in a timely manner shall be liable to and shall pay the City of Royal Oak for its costs and expenses, including the costs incurred by the City to any party which it engages to stabilize the release and for the complete abatement, clean up and restoration of the affected area. Costs incurred by the City shall include, but shall not necessarily be limited to, actual labor costs, including fringe benefits, administrative overhead, cost of equipment operation, and materials used in the clean up.
The City of Royal Oak shall be entitled to recover all costs and damages incurred in conjunction with any incendiary-type fire. The costs shall include, but are not limited to, those associated with the fire extinguishment and investigation, including actual labor costs and fringe benefits, administrative overhead, cost of equipment operation, supplies and materials used in the operation, and any related third-party costs necessary for the extinguishment and/or investigation of the incident.
If any person or entity fails to reimburse the City as provided within 30 days of demand by the City, the City shall have a lien for all unpaid costs, and may enforce such lien in the manner prescribed by the general laws of the State of Michigan providing for the enforcement of tax liens. The City shall also have the right to bring an action in the appropriate court to collect such costs if it deems said action is necessary.