Laserfiche WebLink
<br />2703.3.1.4 <br /> <br />Responsibility for cleanup. The person, firm or corporation responsible for an <br />unauthorized discharge shall institute and complete all actions necessary to <br />remedy the effects of such unauthorized discharge, whether sudden or gradual, at <br />no cost to the jurisdiction. When deemed necessary by the fire code official, <br />cleanup may be initiated by the fire department or by an authorized individual or <br />firm. Costs associated with such cleanup shall be borne by the owner, operator or <br />other person responsible for the unauthorized discharge. <br /> <br />The fire department may cause the removal of hazardous materials on public or <br />private property without any prior demand upon a person who deposited, allowed <br />to deposit or caused the deposit of the same, or the owner, occupant or possessor <br />of private property unless the fire code official or his/her authorized <br />representative shall determine that the immediate removal of the hazardous <br />materials and the proper disposition thereof can be made by the depositor thereof <br />or the owner, occupant or possessor of the private property. If the fire code <br />official or his/her authorized representative shall determine that the immediate <br />removal of the hazardous materials and the proper disposition thereof can be <br />made by the depositor thereof or by the owner, occupant or possessor of private <br />property, it shall be the duty of the person who deposited, allowed the deposit or <br />caused the deposit of the hazardous material or the owner, occupant or possessor <br />of private property to immediately remove and promptly dispose of the hazardous <br />materials at his/her own expense. <br /> <br />The cost of removal of hazardous material to be paid by the depositor or by the <br />owner, occupant or possessor of the property shall, without limitation, include <br />actual labor costs of City personnel, including fringe benefits; administrative <br />overhead at the amount as may be determined by the City Manager; costs of <br />replacing contaminated equipment; cost of containment or neutralizing materials <br />obtained directly by the City; cost of contamination disposal; and cost of contract <br />labor and materials. <br /> <br />In addition to such other remedies which may be allowed by law, the fire code <br />official or city attorney may institute appropriate proceedings in a court of <br />competent jurisdiction to recover the cost of removal of hazardous materials from <br />any person who deposits, allows, or causes to be deposited hazardous materials <br />and the owner, occupant or possessor of private property on which said hazardous <br />materials are deposited. <br /> <br />20. Chapter 33 of the OFC is amended by adding Section 3309 Restrictions to the OFC <br />thereto, to provide: <br /> <br />3309 Restrictions. The storage, sales, use and handling of fireworks shall be In <br />accordance with OAR 837-12-600-675 and OAR 837-12-0700-0970. <br /> <br />Administrative Order - 10 of 12 <br />C:\Documents and Settings\cefddwp\Local Settings\Temporary Internet Files\OLK2A'-.07 fire code - 2 ao (00174830).doc <br />