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(A) Declaration of Nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the City Administrator shall determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the determination, the City Administrator may then promptly issue a permanent declaration of public health nuisance and a “Do Not Enter – Unsafe to Occupy Order” for the affected site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property.
(B) Abatement order. After the permanent declaration of public health nuisance has been issued and posted, the City Administrator shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information:
(1) A copy of the declaration of public health nuisance and “Do Not Enter – Unsafe to Occupy Order;”
(2) Information about the potentially hazardous condition of the site; and
(3) A summary of the site owner’s and occupant’s responsibilities under this chapter; and information that may help the owner locate appropriate services necessary to abate the public health nuisance.
(C) Notice to concerned parties. The City Administrator shall also mail a copy of the permanent declaration of public health nuisance, a copy of this chapter, and a notification of the suspension of the site’s rental license, if applicable, to the following concerned parties at their last known address:
(1) Occupants or residents of the site if the identities of the persons are known;
(2) Neighbors in proximity to the site who may be reasonably affected by the conditions found;
(3) The Amboy City Council;
(4) The Public Safety Department of Amboy and Vernon Center;
(5) Minnesota River Valley Drug Task Force;
(6) The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and
(7) Other city, state, and local authorities, such as the City Water Department, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and the Department of Natural Resources which are known to have public and protection responsibilities that are applicable to the situation.
(D) Modification or removal of declaration. The City Administrator is authorized to modify or remove the declaration of public health nuisance after the City Administrator receives documentation from a city approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration.
(Ord. 120, passed 4-4-2005)
(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
(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)
When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner’s address is deemed to be that of the property’s taxpayer’s name and address as that information is maintained by the Blue Earth County Taxpayer Services’ office. When the site is a vehicle, boat, or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner’s address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat, or trailer.
(Ord. 120, passed 4-4-2005)
It is unlawful for any person, except authorized city personnel, to remove a temporary or permanent declaration of public health nuisance and/or “Do Not Enter – Unsafe to Occupy Order” from a chemical dump site or a clandestine drug lab site.
(Ord. 120, passed 4-4-2005) Penalty, see § 91.99
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