Gilbert Town Code ch. 42, art. IX, div. 2 — EMERGENCY ABATEMENT | Code of the Town of Gilbert, Arizona (Supp. No. 103: codified through Ordinance No. 2986, enacted June 9, 2026) — Town of Gilbert

Gilbert Town Code § 42-416 Emergency abatement authorities.

Sec. 42-416. - Emergency abatement authorities. (a) If an environmental emergency exists, the town may do one or more of the following: (1) Issue a notice directing the owner, occupant, or operator, person in control or responsible party to immediately take such action as is necessary to correct or abate the environmental emergency; or (2) Act to correct or abate the environmental emergency itself, whether or not the town is able to contact the owner, occupant, or person in control prior to taking such action. (b) The owner, occupant, or person in control may appeal, after the fact, an order to abate an environmental emergency to the town council. Upon notice and a request by the person receiving such notice, a hearing before the town council shall be scheduled as soon as practicable. Such appeal shall in no case stay the abatement or correction of the environmental emergency. (c) Nothing in this section requires the town to give an owner, occupant, operator, person in control or responsible party notice prior to the town taking any action, including issuing an abatement order or taking any other action to abate an environmental emergency as provided in subsection (a) above. (Ord. No. 1797, § I, 7-11-06)

Gilbert Town Code § 42-417 Entry and inspection authorities.

Sec. 42-417. - Entry and inspection authorities. (a) Town agents are hereby authorized to enter and inspect a facility where an environmental emergency is occurring or is suspected to be occurring without prior notice and without limitation. (b) Whenever a town agent acts pursuant to subsection (a) of this section, the town agent may undertake such investigations, monitoring, surveys, testing, sampling and other information gathering necessary or appropriate to identify the existence and extent of the release or threat of a hazardous material, the source and nature of the hazardous material involved, the extent of danger to the public health or welfare or to the environment and the nature and extent of the abatement action necessary to abate the environmental emergency. In addition, a town agent may undertake such planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations necessary or appropriate to plan and direct the emergency abatement action(s), to recover the costs of such emergency abatement actions, and to enforce the provisions of this Code. (c) Whenever a town agent acts pursuant to subsection (a) of this section, the town agent may also order or otherwise require any person having information or documents related to the environmental emergency to immediately provide information or documents relating to: (1) The identification, nature, and quantity of hazardous material which have been or are being generated, treated, stored, disposed of or transported to a facility within the town; (2) The nature or extent of a release or threatened release of hazardous material at or from a facility within the town; or (3) Information relating to the ability of a person to pay for or to perform an environmental abatement action. (d) Whenever a town agent acts pursuant to this section, any person having information or documents described in subsections (c)(1) and (2) of this section may not withhold factual information based on any attorney work product, attorney client communication or similar legal privilege or claim. (Ord. No. 1797, § I, 7-11-06)