§ 9-4. Improper storage of hazardous material.

In the event that a person or business shall store hazardous material, as defined by the fire marshal, in a zoning district where said storage is not permitted, or in a zoning district where said storage is permitted without having obtained a special exception for the storage thereof, and if fire spillage or leakage (including the release of hazardous material into the air) results from this improper storage which requires the services of the city fire department, or the assistance of the fire department of another city, then:

(1)

The owner of the property wherein the hazardous materials are stored, or the tenant if the property is leased, shall reimburse the city for any damage to city property which is caused as the result thereof.

(2)

The owner of the property wherein the hazardous materials are stored, or the tenant if the property is leased, shall reimburse the city for any medical or disability benefits for which the city is liable under its Code of Ordinances or collective bargaining agreement which arise out of physical injury to city employees which is caused as a result thereof. This shall include, but not be limited to, medical benefits, workers' compensation benefits and disability benefits of any kind.

(3)

If the city shall be liable to any other governmental agency for such property damage or personal injury because that governmental agency assisted the city in fighting the fire, spillage or leakage, the owner of the property, or tenant if the property is leased, shall be liable to the city for any such liability which the city shall have to that governmental agency.

(4)

The city attorney is authorized to bring legal action for the collection of these expenses on behalf of the city, plus costs of litigation, interest and attorneys' fees.

(Ord. No. 91-124, § 1, 5-13-91)