§ 91.09 SITE OWNER’S RESPONSIBILITY TO ACT.
   (A)   Within 10 business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following:
      (1)   Provide the City Administrator with written notification:
         (a)   That the owner has confirmed that all persons and their pets have vacated the site;
         (b)   Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and
         (c)   That the site will remain vacated and secured until the public health nuisance is completely abated as required by this chapter.
      (2)   Contract with 1 or more city approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current Minnesota Department of Health guidelines:
         (a)   A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein;
         (b)   Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site;
         (c)   A complete clean up of the site (including but not limited to the clean up or removal of plumbing, ventilation systems, fixtures, and contaminated soil) or a demolition of the site and a complete clean up of the demolished site;
         (d)   A complete clean up, or disposal at an approved dump site, of all personal property in the site;
         (e)   A complete clean up of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; and
         (f)   Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to Minnesota Department of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site.
      (3)   Provide the City Administrator with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and
      (4)   Sign an agreement with the City Administrator establishing a clean up schedule. The schedule shall establish reasonable deadlines for completing all actions required by this chapter for abatement of the public health nuisance. In determining appropriate deadlines, the City Administrator shall consider practical limitations and the availability of contractors in approving the schedule for clean up.
   (B)   The site owner must meet all deadlines established on the clean up schedule. Also, pursuant to the deadlines established by the clean up schedule, the site owner is required to provide the City Administrator with written documentation of the clean up process, including a signed statement from a city approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the clean up was conducted in accordance with the most current Minnesota Department of Health guidelines.
(Ord. 120, passed 4-4-2005) Penalty, see § 91.99