A. Notice to Authorities. Law enforcement officers and authorities that identify conditions associated with a Clandestine Drug Lab Site or Chemical Dump Site that places neighbors, visiting public, or present or future occupants of the dwelling, structure, or land at risk for exposure to Hazardous Wastes must promptly notify the appropriate municipal, child protection, and public health authorities of the location, Owner, and conditions found.
B. Declaration of Property as Public Nuisance. All dwellings, accessory structures ,buildings and land associated with a Clandestine Drug Lab Site are potentially unsafe due to health hazards. If law enforcement officers or authorities determined the positive existence of a Clandestine Drug Lab Site or Chemical Dumpsite, the property shall be declared a Public Health Nuisance.
Any and all Hazardous Wastes found at a Clandestine Drug Lab Site or Chemical Dumpsite shall be treated, stored, transported or disposed of in a manner consistent with the rules and regulations of the Minnesota Department of Health, Minnesota Pollution Control, and the Anoka County Department of Health.
C. Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement officers or authorities, the City Building Official shall issue a Declaration of Public Health Nuisance (the “Declaration”) for the affected property and post a copy of the Declaration at the entrance to any dwelling, building, or structure on the property. The City Building Official shall also notify the Owner of the Property by mailing a copy of the Declaration thereto, and notify by mail the following persons:
(1) Known occupants of the property;
(2) Neighbors of the property at potential risk;
(3) The Anoka County Sheriff’s Office;
(4) Other state and local authorities, including the Minnesota Pollution Control Agency and the Minnesota Department of Health, which are known to have public and environmental protection responsibilities applicable to the situation at the property;
(5) The Building Official may cause a certified copy of the Declaration to be filed of record with the Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of the Public Nuisance as required herein, the Building Official shall cause a notice of successful abatement or removal of the Declaration to be filed of record with the Office of the Anoka County Recorder or Registrar of Titles.
D. Order for Abatement. Within fifteen (15) days of the issuance of the Declaration, the Building Official shall issue an order to the Owner to abate the Public Health Nuisance (the “Order for Abatement”), to be sent by U.S. mail, including the following:
(1) That the Owners, any tenant, occupant or other persons in possession of the property shall immediately vacate those portions of the property, including building and structure interiors or Chemical Dump Site, which may place such persons at risk. No person shall occupy any premises or property subject to an order for abatement until such time as the Building Official determines the property is safe for human occupancy.
(2) That the Owners, any tenant, occupant or other persons in possession of the property shall promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, to determine that the property risks are sufficiently reduced to allow human occupancy of the property. The property owner shall notify the City of actions taken and reach an agreement with the City on an abatement schedule. In determining the abatement schedule, the City shall consider practical limitations and the availability of contractors.
(3) That the Owners, any tenant, occupant, or other persons in possession of the property shall provide written documentation of the abatement process, including a signed, written statement that the property is safe for human occupancy and that the abatement was conducted in accordance with Minnesota Department of Health guidelines.
E. Costs of Abatement. The Owners shall be responsible for all costs of abatement and clean-up of any Clandestine Drug Lab Site or Chemical Dumpsite, as well as any other affected property, including contractor’s fees and Public Costs for services that were performed in association with a Clandestine Drug Lab Site or Chemical Dump Site abatement. The Building Official shall prepare and provide to the Owners a statement of itemized Public Costs which shall be due and payable upon receipt. Public Costs may include, but are not limited to:
(1) Posting of the Declaration;
(2) Notification;
(3) Expenses related to the recovery of costs, including the assessment process;
(4) Laboratory fees;
(5) Clean-up and abatement services, including septic systems;
(6) Administrative fees;
(7) Emergency response costs; and
(8) Any legal costs or fees including attorneys’ fees, related to the nuisance abatement.
F. Recovery of Public Costs. The City Building Official is authorized to initiate on-site assessment, abatement and necessary clean up at a property affected by a Clandestine Drug Lab Site or Chemical Dump Site as follows:
(1) If fifteen (15) days after notification of the Declaration and Order for Abatement, the Owner has failed to arrange any abatement or clean-up of the Clandestine Drug Lab Site or Chemical Dumpsite, or arrange an appropriate abatement schedule with the City;
(2) If the City is unable to locate the Owner within fifteen (15) days of the Declaration; or
(3) Upon initiation of abatement pursuant to Minnesota Statutes Chapter 463.
If the City abates the Public Health Nuisance, or otherwise incurs Public Costs, the City shall be entitled to recover all Public Costs in addition to any other legal remedy. The City may recover the Public Costs by civil litigation against the Owners or by assessing the Public Costs as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to Minnesota Statute section 429.101. Nothing herein shall limit the authority of the City to enforce this Ordinance or seek any other legal remedy to abate the Public Health Nuisance through declaratory action, injunction, nuisance declaration or otherwise.
G. Authority to Modify or Remove Declaration. The City Building Official is authorized to modify the Declaration conditions or remove the Declaration. Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the Clandestine Drug Lab Site or Chemical Dumpsite.
[§ 14-1001 added by Ord. No. 08-07, effective September 4, 2008, amended by Ord. No. 09-04, effective March 19, 2009.]