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FALCON HEIGHTS CITY COUNCIL MINUTES _7_ February 23, 2005 Consideration of an ordinance re ag rdin cleanup of clandestine dru labs (continued) Council member Kuettel said there are State statutes already in place for illegal chemicals on property right now. There already was a mechanism, but this takes it to another level so that if a lab is discovered in Falcon Heights the City can make sure the property owner is liable for the cleanup. Administrator Worthington said this also enables the City, through ordinance, to assess or place a lien against that property or pursue them civilly in court for damages related to the pollution on that property. Without this ordinance, the City could pursue them but would have much less of a legal backup if there wasn't an ordinance in place. The City could let the MPCA take care of it, but if you were living next door to one, you would want to see your municipality take an interest as well and have enforcement power. This does not supersede any State or Federal laws. To the extent that those laws are more restrictive they would supersede this ordinance. Council member Lamb said that one of the things that. is referenced in the proposed ordinance is the dumping of chemicals on the ground, which apparently is a practice with some of these labs. Does this cover any contamination of neighboring properties as well? Administrator . Worthington said it addresses all affected properties, so if it would migrate or contaminate a neighboring property, it would apply as well. Council member Lamb asked if the cleanup costs for the neighboring property would fall back on the owner of the original site and Administrator Worthington said yes. Council member Lindstrom said that if the City found a lab site yesterday, it could still pursue civil action against the property owner, but what this does is give us some more backbone. He said he had a question about Section 8-5.07 Inspection and Declaration of Nuisance. Within 48 hours of notification by law enforcement, the City must inspect the site. Knowing that we probably would inspect the site immediately or within 24 hours, what is the advantage of the 48 hour limitation? Administrator Worthington said her sense is that the 48 hours exists to try and move the process along as quickly as possible, since property rights are being impacted. If the City condemns the property or declares it a nuisance, the City is limiting access for the property owner. The City has to act with all due speed to ensure the City is not withholding property rights for an inordinate amount of time. Under Section 8-5.05 Law Enforcement Action, law enforcement authorities can promptly notify the City, issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on the property. This temporary declaration expires after the City inspects the site. The clock is ticking the moment they bust the lab. Then the City goes into its inspection phase and may need, depending upon the severity of the pollution or contamination on the site, to call in a third party to help inspect it, like an environmental hazard cleanup firm. The City may need to make those arrangements but she believes this is something that can be done within the 48 hour time period. • Also, she knows there are provisions in law about seizure and the holding of property. There are time limitations placed on that. 7