(A) The county is authorized under M.S. § 145A.04, subd. 8(c) to proceed, within ten business days of service of a notice for abatement or removal of the public health nuisance, to initiate the assessment and cleanup when:
(1) The property owner is not located; or
(2) The Board of Health determines that the owner refuses to, or cannot pay the costs, or arrange timely assessment and cleanup that is acceptable to the Board of Health.
(B) The Board of Health shall be fully authorized to act, consistent with state law, on behalf of the county to direct funds to assure prompt remediation of public health nuisance conditions.
(C) When the estimated cost of testing, cleanup and remediation exceeds 75% of the County Assessor’s market value of the structure and land, the Board of Health is authorized to notify the property owner of the county’s intent to remove and dispose of the affected real property, instead of proceeding with cleaning and remediation. For motor vehicles, the county will use the most recent version of Kelley Blue Book value or equivalent to determine market value.
(D) The property owner shall be responsible for all costs, including those of the county incurred to abate the public health nuisance, including contractor’s fees and public costs for services that were performed in association with a public health nuisance site cleanup. The county’s costs may also include, but shall not be limited to, those set forth in § 55.11(C). Fees and costs specified above that are not paid for in any other way may be collected through a special assessment on the property as allowed by M.S. § 145A.08, or by any other applicable federal, state and county laws, ordinances and/or applicable County Board resolution.
(E) The cost of testing, cleanup and remediation shall be certified by the Board of Health. Notice of cost and demand for payment shall be forwarded to the property owner, by certified mail, to the property owner’s last known address as shown on property tax records. If payment in full is not made within 30 days of mailing of notice, the Board of Health may request that all costs be assessed against the property.
(F) Payment on the special assessment shall be collected at the time real estate taxes are due.
(G) The county may also seek recovery of costs through other methods allowed by federal or state law.
(Ord. 53-2004, passed 8-2-04; Am. Ord. 76-2013, passed 6-18-2013)