§ 10-420. COST AND PENALTY RECOVERY.

Any and all unrecovered costs incurred by the city or unrecovered civil penalties imposed by the city under this article may be recovered under the Cost and Penalty Recovery Ordinance (Chapter 1, Article 5). In addition to any other costs that may be collected under the Cost and Penalty Recovery Ordinance and notwithstanding any provisions of the Cost and Penalty Recovery Ordinance to the contrary, the city may recover any and all costs incurred to suppress a fire at a recycling and/or solid waste facility covered by this article when the fire involves the recycling or solid waste materials or product. Fire suppression costs may be recovered in the above circumstances regardless of whether or not: the facility is permitted, the facility is in violation of this Code, or the facility operator created, caused, committed or maintained the fire. The facility operator will not be liable for fire suppression costs as provided above if he or she can prove by a preponderance of the evidence that the cause of the fire was outside of his or her control. (Added Ord. 2003-100, § 2, eff. 1-18-04).