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Ordinance - #03-52 - 12/16/2003
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Ordinance - #03-52 - 12/16/2003
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3/31/2025 10:02:34 AM
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1/12/2004 10:04:32 AM
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Resolutions & Ordinances
Resolutions or Ordinances
Ordinances
Resolution or Ordinance Number
#03-52
Document Date
12/16/2003
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Subd. 5. Property Owner's Responsibility for Costs. The property owner shall <br />be responsible for all costs of vacation or clean-up of the site, including contractor's fees and <br />public costs for services that were performed in association with a Clandestine Drug Lab Site <br />or chemical dump site clean-up. Public costs may include, but are not limited to: <br /> <br />a. Posting of the site; <br />b. Notification of affected parties; <br />c. Expenses related to the recovery of costs, including the assessment process; <br />d. Laboratory fees; <br />e. Clean-up services; <br />f. Administrative fees; and <br />g. Other associated costs. <br /> <br />Subd. 6. Recovery of Public Costs. <br /> <br />If, after service of declaration of Public Health Nuisance, the property owner <br />fails to arrange appropriate assessment and clean-up, the City Building Official <br />is authorized to proceed in a prompt manner to initiate the on-site assessment <br />and clean-up. <br /> <br />If the City is unable to locate the property owner within ten days of the notice of <br />declaration of Public Health Nuisance, the City is authorized to proceed in a <br />prompt manner to initiate the on-site assessment and clean-up. <br /> <br />c. The City may abate the nuisance by removing the hazardous structure or <br /> building, or otherwise, according to Minnesota Statutes Chapter 463. <br /> <br />If the City abates the Public Health Nuisance, in addition to any other legal <br />remedy, the City shall be entitled to recover all costs plus an additional 25 % of <br />the costs for administration. The City may recover costs by civil action against <br />the person or persons who own the property or by assessing such costs as a <br />special tax against the property in the manner as taxes and special assessments <br />are certified and collected pursuant to M.S. §429.101. <br /> <br />Subd. 7. Authority to Modify or Remove Declaration of Public Health Nuisance. <br /> <br />a. The Building Official is authorized to modify the declaration conditions or <br /> remove the declaration of Public Health Nuisance. <br /> <br />Such modifications or removal of the declaration shall only occur after <br />documentation from a qualified environmental or cleaning firm stating that the <br />health and safety risks, including those to neighbors and potential dwelling <br />occupants, are sufficiently abated or corrected to allow safe occupancy of the <br />dwelling. <br /> <br />Ordinance #03-52 <br />Page 4 of 5 <br /> <br /> <br />
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