(A) Owner abatement and remediation. It shall be the primary responsibility of a property owner or occupant to abate any public nuisance that exists on or in the owner's or occupant's property. Unless an emergency abatement or remediation occurs at the direction of the city, the owner, occupant, and/or property agent shall abate and remediate the public nuisance by the completion date(s) set forth in the notice and order. Completion dates for abatement and remediation shall be set as follows unless a shorter time is required due to the enforcement officer's determination that a quicker abatement is necessary to protect public health and safety (in such cases, the reasons for a shortened abatement period shall be specified):
(1) A date no more than 30 days from service of the notice and order upon the owner(s), occupant(s), or agent of the property where a public nuisance exists; or
(2) Such other date agreed upon between the city and property owner or occupant.
(B) Public health nuisance handling. Waste generated through cleanup or remediation of a site that is considered a public health nuisance shall be treated, stored, transported and disposed in accordance with applicable Minnesota Department of Health, Minnesota Pollution Control Agency, Watonwan County and City of St. James guidelines, rules and regulations for remediation of a chemical investigation site and/or clandestine drug lab or operation, for solid waste, and for hazardous household/other hazardous wastes.
(C) City abatement and remediation. The city is authorized to abate and/or remediate public nuisances in accordance with the procedures set forth in this section upon expiration of the time provided in the notice and order.
(1) The city shall be authorized to contract services of a third party to abate any public nuisance on a property when the property owner, occupant or property agent has provided written consent.
(2) If written consent is not provided, the city may proceed with any legal remedies available, including a search warrant to enter the property, to complete the abatement of the declared public nuisance.
(3) The City Manager, or his/her designee, shall be fully authorized to direct funds to assure prompt abatement and remediation of public nuisances.
(4) In addition, the city may impose an administrative penalty in an amount set by Council for each day that the nuisance remains unabated.
(D) Cost of abatement and remediation to be assessed. Abatement and remediation costs shall include the cost of the abatement and/or remediation, including but not limited to personnel costs and equipment costs and depreciation; the cost of investigation and verification, such as title searches, inspection, assessment, evaluation, and testing; the cost of contractors, venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of materials; the cost of notifications, postings, and vacating and securing the site; filing costs; legal costs, including attorney fees; and administrative costs, including administrative penalties and fees for Council meetings and expenses related to the recovery of costs, including the assessment process. All costs incurred shall be charged against the real property as a special assessment to be collected in the manner provided for in M.S. Chapter 429.
(E) Nothing in this chapter is intended to limit the rights of the property owner(s), agent(s), occupant(s), or the enforcing government agency, including the city, to recover costs or damages from persons contributing to the damage or condition created by the public nuisance, such as operators of a clandestine drug lab site.
(Ord. 020, fourth series, passed 5-21-2024)