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Nuisances requiring immediate action shall be abated as provided in this section.
A. Definitions: For the purposes of this section, the following terms or words shall be interpreted as follows:
CHEMICAL DUMP SITE: Any place or area where chemicals or other waste materials used in a clandestine drug lab have been located.
CHILD: Any person less than eighteen (18) years of age.
CLANDESTINE DRUG LAB: The unlawful manufacture or attempt to manufacture controlled substances.
CLANDESTINE DRUG LAB SITE: Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dump site or any land.
CONTROLLED SUBSTANCE: A drug, substance or immediate precursor in schedules I through V of Minnesota statutes section 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
HOUSEHOLD HAZARDOUS WASTES: Waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with Minnesota department of health, Minnesota pollution control and Chippewa County health department rules and regulations.
MANUFACTURE: In places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs.
OWNER: Any person, firm or corporation who owns, in whole or in part, the land, buildings, or structures associated with a clandestine drug lab site or chemical dump site.
PROPERTY: Any real estate or personal property, including, but not limited to, motor vehicles and motor homes.
PUBLIC HEALTH NUISANCE: All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance. (Ord. 847, 6-21-2004; amd. Ord. 848, 9-20-2004)
B. 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.
C. Declaration Of Property As A Public Health Nuisance: If law enforcement determines the existence of a clandestine drug lab site or chemical dump site, the property shall be declared a public health nuisance.
D. Notice Of Public Health Nuisance To Concerned Parties: Upon notification by law enforcement authorities, the city building official shall promptly issue a declaration of public health nuisance for the affected property and post a copy of the declaration at the probable entrance to the dwelling or property. The building official shall also notify the owner of the property by mail and notify the following parties:
1. Occupants of the property;
2. Neighbors at probable risk;
3. The city of Montevideo police 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.
E. Property Owner's Responsibility To Act: The building official shall also issue an order ordering the property owner to abate the public health nuisance, including the following:
1. Immediately vacate those portions of the property, including buildings or structure interiors which may place the occupants or visitors at risk. (Ord. 847, 6-21-2004)
2. Promptly contract with appropriate environmental testing and cleaning firms to conduct an on site assessment, complete cleanup and remediation testing and follow up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the property. The property owner shall notify the city of actions taken and reach an agreement with the city on the cleanup schedule. The city shall consider practical limitations and the availability of contractors in approving the schedule for cleanup. (Ord. 848, 9-20-2004)
3. Provide written documentation of the cleanup process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with Minnesota department of health guidelines.
F. Property Owner's Responsibility For Costs: The property owner shall be responsible for all costs of vacation or cleanup 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 cleanup. Public costs may include, but are 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. Cleanup services;
6. Administrative fees; and
7. Other associated costs.
G. 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 cleanup, the city building official is authorized to proceed in a prompt manner to initiate the on site assessment and cleanup.
2. If the city is unable to locate the property owner within ten (10) days of the declaration of public health nuisance, the city is authorized to proceed in a prompt manner to initiate the on site assessment and cleanup. (Ord. 847, 6-21-2004)
3. The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Minnesota statutes chapter 463. The city may also abate the nuisance by impounding any motor vehicle according to Minnesota statutes section 168B. (Ord. 848, 9-20-2004)
4. If the city abates the public health nuisance, in addition to any other legal remedy, the city may recover its costs pursuant to section 4-1-4 of this chapter.
H. Authority To Modify Or Remove Declaration Of Public Nuisance:
1. The building official is authorized to modify the declaration conditions or remove the declaration of public health nuisance.
2. 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 dwelling. (Ord. 847, 6-21-2004)