§ 24-9.6. Cost Recovery.

a.

A responsible person shall pay the City the costs of abatement and costs due under subsection 24-9.5 of this Code within thirty (30) days of the date of a bill issued for those costs.

b.

If a responsible person fails to make payment to the City as required by paragraph (a) of this subsection, then the City may enforce that payment obligation against that responsible person in a debt action or enforce the payment obligation as a lien or special assessment in the manner provided in subsection 13-12.4 of this Code and as required by Government Code Section 38773.1 or Government Code Section 38771.5, as the case may be.

c.

In any action or proceeding to enforce the obligations of a responsible person under this Section 24-9 in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be awarded its attorneys' fees actually and reasonably incurred in the prosecution or defense of the action or proceeding.

d.

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a hazardous materials release with respect to his, her or its property, the court may order that person to pay treble the costs of abatement.

(Ord. No. 2932 N.S. § 1)