(A) The city is authorized under M.S. § 145A.04, subd. 8(c), as it may be amended from time to time, to proceed, within ten business days of service of a notice for abatement, or removal, of the public health nuisance, to initiate the assessment, and cleanup, when:
(1) The property owner is not located; or
(2) The Public Health Authority determines that the owner refuses to, or cannot, pay the costs, or arrange timely assessment and cleanup that is acceptable to the designated Public Health Authority.
(B) The City Coordinator (or the Coordinator’s formally identified designee) shall be fully authorized to act, consistent with state law, on behalf of the city, to direct funds to assure prompt remediation of the chemical investigation sites.
(C) When the estimated cost of testing, cleanup, and remediation exceeds 75% of the County Assessor’s market value of the structure and land, the City Coordinator (or the Coordinator’s formally identified designee) is authorized to notify the property owner of the county’s intent to remove, and dispose of, the affected real property instead of proceeding with cleaning and remediation.
(D) The property owner will be given up to ten business days to appeal to the City Coordinator (or the Coordinator’s formally identified designee), and, if appealed, will be given the opportunity to show cause as to why the removal should not occur. The appeal is also the owner’s opportunity to assume responsibility, and provide acceptable plans, and schedule for effectively cleaning, remediation, and testing of the structure. If, within ten business days of the Coordinator’s notice, the owner fails to appropriately appeal, or assume responsibility, the City Clerk-Treasurer is authorized to arrange removal, and disposition, of the hazardous structure.
(E) The property owner shall be responsible for all costs, including those the city incurred to abate the public health nuisance, 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. The city’s costs may also include, but shall not be limited to, those set forth in § 132.26(C). Fees and costs specified above that are not paid for in any other way may be collected through a special assessment on the property, as allowed by M.S. § 145A.08, as it may be amended from time to time, or by any other applicable federal, state, county, and city laws, city code provisions, and/or applicable Council resolution.
(F) The cost of testing, cleanup, and remediation shall be certified by the Public Health Authority, or his or her designee. Notice of cost, and demand for payment, shall be forwarded to the property owner by certified mail at the property owner’s last known address, as shown on property tax records. If payment in full is not made within 30 days of mailing of notice, the Public Health Authority may request that all costs be assessed against the property.
(G) Payment on the special assessment shall be collected at the time real estate taxes are due. The amount due, interest rate, and/or payment rate may be adjusted by action of the Council.
(H) The city may also seek recovery of costs through other methods allowed by federal or state law.
(Prior Code, § 10.62)