(A) Recovery of costs.
(1) If the Health Authority is required to remove, abate or remediate a public health nuisance, the county may recover costs incurred in investigation, removal, abatement or remediation in a civil action or, at the discretion of the County Board of Commissioners. The cost of enforcement action under this chapter may be assessed and charged against the real property on which the public health nuisance was located, pursuant to M.S. § 145A.08, as it may be amended from time to time. The county shall extend the cost as assessed and charged on the tax roll against said real property.
(2) When the estimated cost of abatement and remediation exceeds 75% of the County Assessor’s market value of the structure, the County Administrator or designee, is authorized to notify the property owner of the county’s intent to remove and dispose of the affected property instead of proceeding with abatement and remediation. For motor vehicles, the county will use the Kelley Blue Book value or equivalent in determining market value.
(3) Nothing herein precludes or limits the county from seeking recovery of costs through other methods allowed by federal or state law.
(B) Subrogation rights. Nothing in this chapter is intended to limit the subrogation rights of any party and the owner occupants. The county shall maintain the right to recover costs, referenced in this section, from persons contributing to the damage, such as those convicted of manufacturing methamphetamine or other controlled substances.
(Ord. 11-06, passed 11-29-2011)