07-14-2004 Council Agenda - Laserfiche WebLink

Home Browse Search

Code of Ordinances Page 2 of ?, or vehicle associated with a clandestine drug lab site or chemical dumpsite are potentially unsafe due to health hazards and shall be considered a public health nuisance. Section 1015:20. Declaration of a Property as a Public Health Nuisance. If law enforcement or a chemical assess determines the existence of a clandestine drug lab site or chemical dumpsite the property shall be declared a Health Nuisance. Subd.1. Notice to Other Authorities. The law enforcement authority or other agency requesting a chemical assessment that identifies conditions associated with a clandestine drug lab site or chemical dumpsite must promptly notify the appropriate child protection agency if children are or have been present, the St. Cloud Fire . Department Hazmat /Chemical Assessment Team and the City of St. Cloud Health and Inspections Department of the property location, property owner if known and conditions found. Subd. 2. The Health and Inspections Department shall promptly post the property as a Public Health Nuisance ai all probable entrances to the building, structure or property. Removal of the posting by anyone other than the Health and Inspections Department or law enforcement authority is prohibited. Subd. 3. Occupancy Prohibited. Upon the issuance of a notice of a Public Health Nuisance and posting, all occupants of such building or structure shall immediately vacate the premises. No person shall occupy, enter or allow occupancy or entrance to a building or structure declared a public health nuisance until such declaration is vacated or modified to allow occupancy. Subd. 4. The Health and Inspection Department is authorized to modify the conditions or remove the notice of a Public Health Nuisance. Subd. 5. Modifications or removal of the notice of a Public Health Nuisance shall occur only after documentation from a qualified environmental hazard testing and cleaning firm, stating that the heath and safety risks including those to neighbors and potential dwelling occupants are sufficiently abated or corrected to allow safe occupancy of the dwelling. Section 1015:25. Notice of Public Health Nuisance to Concerned Parties. The Health and Inspections Depart; shall notify the owner of the property by mail in addition to the following parties: Section 1015:25, Subd, 1 Subd. 1. Occupants of the property. Subd. 2. Neighbors at probable risk. (1977) Subd. 3. Other state and local authorities if appropriate, such as the Minnesota Pollution Control Agency and the Minnesota Department of Health, which are known to have public and environmental protection responsibilities to the situation. Section 1015:30. Property Owner's Responsibility to Act. Within ten days of receiving the notice of Public Health Nuisance, the owner and /or occupant shall act to accomplish the following: Subd. I. Notify the Health and Inspections Department that the Clandestine Drug Lab Site has been and will remain vacated and secured until the Health and Inspections Department acts to remove the Notice of Public Health Nuisance. Subd. 2. Contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided the Health and Inspections Department assurance of appropriate equipment, .`.' procedures, and staff) to accomplish the following: a. Conduct a detailed onsite assessment. b. Determine the extent of contamination, c. Carry out and /or direct remediation operations. d. Perfonn and /or direct follow -up sampling and testing. -6-