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(A) The site owner shall be responsible for all costs, including those of the city, of dealing with and abating the public health nuisance, including contractor’s fees and the city’s costs for services performed in association with the clandestine drug lab site or chemical dump site clean up.
(B) The city’s costs may also include, but shall not be limited to:
(1) Posting of the site;
(2) Notification of affected parties;
(3) Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site;
(4) Expenses related to the recovery of costs, including the assessment process;
(5) Laboratory fees;
(6) Clean up services;
(7) Administrative fees;
(8) Legal fees; and
(9) Other associated costs.
(Ord. 120, passed 4-4-2005)
(A) If the building’s owner fails to comply with any of the requirements of this chapter, the City Administrator is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a city approved environmental hazard testing and cleaning firm to conduct the work outlined in § 91.09(A)(2). The City Administrator is also authorized to provide a copy of the declaration of public health nuisance to the lien and/or mortgage holders of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance.
(B) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure, or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of M.S. Chapter 463, as it may be amended from time to time, together with any amendments or modifications thereto.
(C) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all of its out of pocket costs plus an additional 25% of the costs for administrative and legal expense. The city may recover costs by civil action against the owner of the site or by assessing the costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to M.S. § 429.101, as it may be amended from time to time, or according to the provisions of M.S. Chapter 463, as it may be amended from time to time, together with any amendments or modifications thereto.
(Ord. 120, passed 4-4-2005)
No provisions of this chapter are intended to limit the site owner’s, residents’ or the city’s right to recover costs incurred under this chapter from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab, and/or from other lawful sources.
(Ord. 120, passed 4-4-2005)
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