§ 132.25 PROPERTY OWNER’S, AND OCCUPANT’S, RESPONSIBILITY TO ACT.
   (A)   Property owner(s), and occupant(s), provided with a notice, which also includes the posted warning sign informing them about the chemical investigation site public health nuisance, shall promptly act to vacate occupants from those parts of a structure that are a chemical investigation site public health nuisance. This includes dwellings, buildings, motor vehicles, trailers, boats, appliances, or any other affected area, or location.
   (B)   Within ten business days of receiving the public health notice and order to cleanup the chemical investigation site public health nuisance, the property owner(s), and/or occupant(s), shall take the following actions:
      (1)   Notify the Public Health Authority that the affected parts of the dwellings, buildings, and/or motor vehicles have been, and will remain, vacated and secured until the Public Health Authority provides notice that the public health nuisance no longer exists;
      (2)   Contract with one, or more, acceptable environmental hazard testing and cleaning firms. Acceptable firms are those that have provided assurance of appropriate equipment, procedures, and personnel, as determined by the State Department of Health, and/or the Public Health Authority, to accomplish the following:
         (a)   A detailed, on-site assessment of the extent of contamination at the site, and the contamination of the personal property therein;
         (b)   Soil testing of the site, and testing of all property and soil in proximity to the site, that the environmental hazard testing, and cleaning, firm determines may have been affected by the conditions found at the site;
         (c)   A complete cleanup of the site (including, but not limited to, the cleanup, or removal, of contaminated plumbing, ventilation systems, fixtures, and contaminated soil), or a demolition of the site, and a complete cleanup of the demolished site;
         (d)   A complete cleanup, or disposal, at an approved dumpsite, of all personal property in the site;
         (e)   A complete cleanup of all property and soil in proximity to the site that is found to have been affected by the conditions found at the site; and
         (f)   Remediation testing and follow-up testing to determine that all health risks are sufficiently reduced, according to the State Department of Health guidelines, to allow safe human occupancy, and use, of the site, and use of the personal property therein.
      (3)   Provide the Public Health Authority with the identity of the testing and cleaning firm the owner, or occupant, has contracted with for remediation of the structures(s), as described above;
      (4)   Provide the Public Health Authority with the contractor’s plan, and schedule, for remediation that will abate the chemical investigation site public health nuisance declaration; and
      (5)   The property owner, or occupant, may request an extension of time to consider options for arranging cleanup, or removal, of the affected parts of the structure. The owner, or occupant, must show good cause for any extension. Any extension shall be dependant on the owner’s assurance that the affected parts of the structure will not be occupied, pending appropriate cleanup or demolition.
(Prior Code, § 10.62)