05-26-2004 Council Agenda - Laserfiche WebLink

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C evc. eo jr) art C. Bell Willard L. Converse Roger A. Jensen James C. Erickson *t Carol A. Baldwin Caroline Bell Beckman Charles R. Barthoidi Mitchell W. Converse Shari A. Jacobus Kan L. Quinn* c.:[I Ur vnUwnLO YWib bbl c 4 0110t9 h. U / „% LAW OFFICES OF JENSEN, BELL, CONVERSE & ERICKSON, P.A. formerly Peterson, Bell, Converse & Jensen, P.A. 1500 Wells Fargo Place 30 East Seventh Street St. Paul, MN 55101 Vadnais Heights Council Members City of Vadnais Heights 800 East County Road E Vadnais Heights, MN 55127 Telephone (651) 223 -4999 Facsimile (651) 223 -4987 April 15, 2004 RE: Making Tenant Responsible for Costs in Cleaning Up Clandestine Drug Lab Sites Our File: 1017.11 Dear Council Members: At the last council meeting, the Council asked me to name the tenant included as one of those responsible for clean -up costs. I have revised Section 188.110 to read "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." I am enclosing a newly drafted ordinance with that provision. 1 think the reason that the various ordinances that we have seen on this subject have not included tenants as a responsible party, is that such a tenant almost invariably is financially irresponsible and devoid of any assets that you can seize. Sometimes the owner of the property will also be fmancially irresponsible, but the big hold that the City has against the owner is our right to clean- up the property ourselves, and then spread all costs against the property itself as a part of ad valorem taxes, similar to an assessment proceeding. Our ability to spread the costs against the property is the tool that will almost always be used in removing this public health nuisance, After the council meeting, a citizen suggested that the ordinance require that any deed transferring title to property that contained a drug lab on the site be required to state that information, similar to the present requirement to disclose the status of on -site wells required by State Statute, Unfortunately, no governmental subdivision can require the county recorder to reject a deed that does not contain city suggested information or require the county recorder to add any such information on the deed. Only the State Legislature has that power. Admitted *Civil Trial Specialist, Certified by the CiniLidil;auon Sc - 3 n - the Minnesota State Ear Association.