(A) Law enforcement notice to other authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection and public health authorities of the property location, property owner, if known, and conditions found.
(B) Declaration of property as a public health nuisance. Upon notification by law enforcement authorities, the city’s Building/Zoning Official shall promptly issue a declaration of a public health notice for the affected property and post a copy of the declaration at the probable entrance to the dwelling or property. The Building/Zoning Official shall also notify the owner of the property and the following parties by U.S. mail:
(1) Occupants of the property;
(2) Owners of property within 100 feet of the nuisance property;
(3) The County Sheriff’s Department; and
(4) Other state and local authorities, such as MPCA and MDH, which are known to have public and environmental protection responsibilities that are applicable to the situation.
(C) Property owner’s responsibility to act. The Building/Zoning Official shall also issue an order to abate the public health nuisance, including the following:
(1) Immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk;
(2) 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, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall notify the city of actions taken and reach an agreement with the city on clean-up schedule. The city shall consider practical limitations and the availability of contractors in approving the schedule for clean-up; and
(3) Provide written documentation of the clean-up process, including a signed, statement from the contractor that the property is safe for human occupancy and that the clean-up was conducted in accordance with the state’s Department of Health guidelines.
(D) Property owner’s responsibility for costs. The property owner shall be responsible for all costs of decontamination or clean-up of the site, including contractor’s fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. Public costs may include, but not limited to:
(1) Posting of the site;
(2) Notification of affected parties;
(3) Expenses related to the recovery of costs, including the assessment process;
(4) Laboratory fees;
(5) Clean-up services;
(6) Administrative fees; and
(7) Other associated costs.
(E) Recovery of public costs.
(1) If, after service of notice of the declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean-up, the city’s Building/Zoning Official is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(2) If the city is unable to locate the property owner within ten days of the declaration of public health nuisance, the city is authorized to immediately proceed to initiate the on-site assessment and clean-up.
(3) The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to M.S. Ch. 463, as it may be amended from time to time.
(4) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all costs and fees for administration and enforcement hereof. The city may recover costs and fees by civil action against the person or persons who own the property or by assessing the costs and fees as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to M.S. Ch. 429, as it may be amended from time to time.
(F) Authority to modify or remove declaration of public health nuisance.
(1) The Building/Zoning Official is authorized to modify the declaration conditions or to remove the declaration of public health nuisance.
(2) The modification 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 dwelling.
(Prior Code, § 10.58) (Ord. 252, Third Series, effective 5-1-2003)