(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 Council/Clerk-Treasurer shall determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the determination, the City Council 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 Council/Clerk-Treasurer 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 subchapter;and information that may help the owner locate appropriate services necessary to abate the public health nuisance.
(C) Notice to concerned parties. The City Council/Clerk-Treasurer shall also mail a copy of the permanent declaration of public health nuisance, a copy of this subchapter, and a notification of 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 City of Madison Lake Police Department;
(4) Blue Earth County Drug Task Force;
(5) The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and
(6) 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 Council/Clerk-Treasurer is authorized to modify or remove the declaration of public health nuisance after the City Council/Clerk-Treasurer 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. 229, passed 10-18-2004; Am. Ord. 2014-14, passed 12-1-2014)