(A) Property owner(s) and occupant(s) provided with a notice, which also includes the posted warning sign informing them about the chemical investigation site public health nuisance, shall promptly act to vacate occupants from those parts of a structure that are a chemical investigation site public health nuisance. This includes dwellings, buildings, motor vehicles, trailers, boats, appliances or any other affected area or location.
(B) Within ten business days of receiving the public health notice and order to cleanup the chemical investigation site public health nuisance, the property owner(s) and/or occupant(s) shall take the following actions:
(1) Notify Board of Health that the affected parts of the dwellings, buildings, and/or motor vehicles have been and will remain vacated and secured until the Board of Health provides notice that the chemical investigation site public health nuisance no longer exists.
(2) Contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided assurance of appropriate equipment, procedures and personnel, as determined by the Board of Health) to accomplish the following:
(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 that the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site;
(c) A complete cleanup of the site (including but not limited to, the cleanup or removal of contaminated plumbing, ventilation systems, fixtures and soil), or a demolition of the site and a complete cleanup of the demolished site;
(d) A complete cleanup, or disposal at an approved dumpsite, of all personal property in the site;
(e) A complete cleanup of all property and soil in proximity to the site that is found to have been affected by the conditions found at the site, and
(f) Remediation testing and follow-up testing 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.
(3) Provide the Board of Health with the identity of the testing and cleaning firm the owner, occupant or property agent has contracted with for remediation of the structure(s) as described above.
(4) Provide the Board of Health with the contractor’s plan and schedule for remediation that will abate the chemical investigation site public health nuisance declaration.
(5) The property owner, occupant or property agent may request an extension of time to consider options for arranging cleanup or removal of the affected parts of the structure. The owner, occupant or property agent must show good cause for any such extension. Any such extension shall be dependant on the owner’s assurance that the affected parts of the structure will not be occupied pending appropriate cleanup or demolition.
(C) The Board of Health and County Recorder is authorized to administer requirements imposed by M.S. § 152.0275, subd. 2. The Board of Health shall maintain a list available to the public, of properties to which notices and orders have been issued pursuant to § 55.08(B). Prior to signing a lease or rental agreement, the owner, occupant or property agent must disclose, in writing, to the renter if, to the knowledge of the owner, occupant or property agent, methamphetamine production has occurred on the property.
(Ord. 53-2004, passed 8-2-04; Am. Ord. 76-2013, passed 6-18-2013)