Ch3.§5-2 · City of Nowthen public records

A. 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 City, child protection, and public health authorities of the property location, property owner if known, and conditions found. B. Declaration of Property as a Public Health Nuisance. If law enforcement determines the existence of a clandestine drug lab site or chemical dumpsite, the property shall be declared a public health nuisance. C. Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement authorities, the 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 potential risk; 3\. The Anoka County Sheriff's Office, Anoka County Community Health and Environmental Services; 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. 5\. The Building Official may notify any financial institution with an interest of record of the Declaration of Public Health Nuisance and shall notify such financial institution should the property owner timely fail to arrange for timely and appropriate assessment and clean up. 6\. The Building Official may notify the insurance company with a policy known to be applicable to the subject property and shall notify such insurance company should the property owner fail to arrange for timely and appropriate assessment and clean up.   7\. The Building Official may cause a certified copy of the Declaration of Public Heath Nuisance to be filed with the Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of the nuisance as required herein, the Building Official shall cause a notice of successful abatement or removal of Declaration of Public Health Nuisance to be so recorded. D. Property Owner's Responsibility to Act - Order for Abatement. The Building Official shall also issue an order to the owner to abate the public health nuisance, including the following: 1\. That the owner, tenant, occupants or other persons in possession of the premises shall immediately vacate those portions of the property, including building and structure interiors, or dump site, which may place such persons at risk. No person shall reside in or occupy any premises or property subject to an order for abatement until such time as the Building Official has determined that the contamination has been reduced to an acceptable level and that the cleaning was conducted in accordance with Minnesota Department of Health guidelines. 2\. Promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced in accordance with Minnesota Department of Health guidelines. The property owner shall notify the City of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up. 3\. Provide written documentation of the clean-up process, including a signed, written statement that the contamination has been reduced to an acceptable level and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines. E. Property Owner's Responsibility for Costs. The property owner shall be responsible for all costs of abatement or clean-up 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 clean-up. The Building Official shall prepare and provide to the property owner a Statement of itemized public costs which shall be due and payable upon receipt. 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\. Clean-up services, including septic systems; 6\. Administrative fees; 7\. Emergency response costs; 8\. Other associated costs; and 9\. Any legal costs including attorney fees related to the nuisance abatement. F. Recovery of Public Costs: 1\. If, after service of notification of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the Building Official is authorized to obtain judicial authority to proceed in a prompt manner to initiate the on-site assessment and clean-up. 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 obtain judicial authority to proceed in a prompt manner to initiate the on-site assessment and clean-up. 3\. The City may abate the nuisance by obtaining judicial authority to remove the hazardous structure or building, or otherwise, according to Minnesota Statutes Chapter 463. In cases involving motor vehicles, trailers, boats or other movable property, the City may abate the nuisance by disposal of the property through unlawful authority. 4\. If the City abates the public health nuisance, or otherwise incurs public costs, in addition to any other legal remedy, the City shall be entitled to recover all public costs. The City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to Minn. Stat. § 429.101. 5\. Nothing herein shall limit the authority of the City to enforce this ordinance or seek any other legal remedy to abate the nuisance through declaratory action, injunction, nuisance declaration of otherwise. G. Authority to Modify or Remove Declaration of Public Health 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 Declarations 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 in accordance with Minnesota Department of Health guidelines. (Ord. #17, adopted May 11, 2004)

Ch.3 § 5-2

Amendment history