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FALCON HEIGHTS CITY COUN _ CIL MINUTES 13- February 23, 2005 Consideration of an ordinance re ag rding cleanup of clandestine dru labs (continued) (d) sign an agreement with the city establishing aclean-up schedule. The schedule must establish reasonable deadlines for completing all actions required by this chapter for abatement of the public health nuisance. The city will consider practical limitations and the availability of contractors in approving the clean-up schedule. (2) The owner must meet all deadlines established in the clean-up schedule. The owner must provide the city with written documentation of the clean-up, including a signed statement from acity-approved environmental hazard testing and cleaning firm that the site, all personal property in it, and all property and soil in proximity to the site is safe for human occupancy and use and that the clean-up was conducted in accordance with the most current state guidelines. 8-5.09. Site Owner's Responsibility for Costs. The site owner is responsible for all costs of dealing with and abating the public health nuisance, including contractor's fees and the city's costs for services performed in connection with the clandestine drug lab site clean up. The city's costs may include: (1) posting of the site; (2) notification of affected parties; (3) securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; • (4) expenses related to the recovery of costs, including the special assessment process; (5) laboratory fees; (6) clean-up services; (7) administrative fees; (8) legal fees; and (9) other associated costs. 8-5.10. City Action and Recovery of Costs. (l) If the site owner fails to comply with any of the requirements of this section, the city is authorized to take all reasonable actions necessary to abate the public health nuisance, including contracting with acity-approved environmental hazard testing and cleaning firm to complete the necessary clean-up. The city is also authorized to provide a copy of the declaration of public health nuisance to the holders of mortgage or lien interests in the affected site. (2) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure or building and dispose of the personal property in it. These actions must be taken in accordance with the provisions of Minn. Stat. §§ 463.15 through 463.261. (3) If the city abates the public health nuisance, the city is entitled to recover all of its actual costs, plus an additiona125% of such costs for administrative expense, in addition to any other legal remedy. The city may recover costs by civil action against the site owner or by assessing the costs against the site as a lien against the property and certifying the same to Ramsey County for collection in the same manner as ad valorem taxes and special assessments are collected. 8-5.11. Recovery of Costs from Persons Causin Damage. Nothing in this ordinance limits the right of the site owner or the City to recover clean-up costs from the tenant or operators of the clandestine drug lab. ~3