§ 26-43. Litigation.

(a)

In the event of nonpayment of any costs in response to the release of a hazardous material, the city council may authorize the city attorney to collect such costs from any person responsible for such release by civil action in a court of competent jurisdiction. In an action to collect such costs, the city is entitled to recover all costs, including a reasonable attorney's fee, incurred in the civil action.

(b)

A certified copy of a judgment in favor of the city may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the person responsible for the release of a hazardous material. Such lien shall be coequal with the lien of all state, county, district and municipal taxes superior in dignity to all other liens, titles and claims until paid or extinguished.

(c)

This article shall not prohibit the city from pursuing any other remedy, whether civil or criminal, or from instituting any appropriate action or proceeding, including injunction, in a court of competent jurisdiction.

(Ord. No. 1991-18, § 9, 7-16-91)