07-14-2004 Council Agenda - Laserfiche WebLink

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affected property and post a copy of the Declaration at all probable entrances to the dwelling or property. (2) Removal of the posted Declaration of Public Health Nuisance by anyone other than the City Sanitarian, law enforcement authorities, or their designees, is prohibited. (3) The City Sanitarian will also attempt to notify the following parties of the Declaration of Public Health Nuisance: A. Owner of the property; B. Occupants of the property; C. Neighbors at probable risk; D. The City of New Brighton Department of Public Safety; and E. Other state and local authorities, such as the Minnesota Pollution Control Agency and the Minnesota Department of Public Health, which are known to have public and environmental protection responsibilities applicable to the situation. (4) Any rental license issued by the City for the property is immediately suspended upon issuance of the Declaration of Public Health Nuisance. Such license will be reinstated only after full compliance with an abatement order. (5) After issuance of the Declaration of Public Health Nuisance, the City Sanitarian will issue an order to the property owner to abate the public health nuisance. The abatement order will include the following: A. A copy of the Declaration of Public Health Nuisance; B. An order to immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk. C. Notification of suspension of the rental license, if applicable; and D. A summary of the owner's and occupant's responsibilities. 17 -19 Sec. 17 -76. Responsibilities of Owner. (1) Upon receipt of an abatement order, the property owner must, at the owner's expense: A. Properly secure and post the perimeter of any contaminated areas on the property in an effort to avoid exposure to unsuspecting parties; B. Promptly contract with appropriate environmental testing and cleaning firms to conduct on -site assessment, complete cleanup and remediation testing, including periodic follow -up testing to assure that the health risks are sufficiently reduced to allow safe human occupancy of the property and structures located on the property; C. Regularly notify the City of actions taken and reach agreement with the City on the cleanup schedule; and D. Provide written documentation to the City of the cleanup process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with Minnesota Department of Health guidelines. (2) The property may not be re- occupied or used in any manner until the City has obtained the written statement in paragraph (1)(D) and has confirmed that the property has been cleaned in accordance with the guidelines established by the Minnesota Department of Health. Sec. 17 -77. Owner's Responsibility for Costs. The owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine drug lab site or chemical dumpsite, including, but not limited to, costs for: (1) Emergency Response; (2) Posting and physical security of the site; (3) Notification of affected parties; (4) Expenses related to the recovery of costs, including the assessment process; (5) Laboratory Fees; (6) Cleanup services; 3-