1989 033 Ordinance - Laserfiche WebLink

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M.V.ORDINANCE N0. 89-33 Page -3- 749.03 Liability (a) Any person or entity responsible for causing or allowing an unautho- rized spill, release, or discharge of material into or upon the environment is liable to the Village for disaster services rendered. The costs shall be paid by the person or entity responsible for causing or allowing the unauthorized spill, release, or discharge or materials into or upon the environment that requires emergency action to protect the public health or safety or the environment. (b) If an unauthorized spill, release, or discharge occurs from a motor vehicle or train being operated by, or on behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier, or rail- road, a claim or civil action shall be submitted to or brought against, as appropriate, and the costs of the emergency action shall be recovered from, the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release, or discharge to occur. 726.04 Service of Other Governmental Bodies or Parties (a) The Fire Chief, or his designated officers or firemen, shall have the authority to request the assistance of any other governmental body, or agency or division thereof, in the event of an unauthorized spill, release or discharge at a location within the territorial jurisdiction or responsibility of the Village. (b) The Fire Chief, or his designated officers or firemen, shall have the authority to request the assistance of any expert, consultant or contrac- tor in the event of an unauthorized spill, release or discharge at a location within the territorial jurisdiction or responsibility of the Village. 740.05 Procedure (a) The Fire Chief, or his designated representative, shall keep a record of the Village's costs of investigating, mitigating, minimizing, removing or abating the unauthorized spill, release, or discharge. A schedule of charges used to determine such costs is on file in the Fire Department and may be obtained therefrom. (b) Not less than thirty (30) days before bringing civil action for the recovery of costs pursuant to this Section and O.R.C. 3745.13, the Law Director shall submit a written itemized claim for the total certified costs incurred by the Village, except as provided in paragraph (b), and written notice that, unless the amount is paid to the Village within thirty (30) days after the date of mailing of the claim and notice, the Law Director shall bring a civil action for that amount. SECTION 2. The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at