07-14-2004 Council Agenda - Laserfiche WebLink

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Code of Ordinances Page 3 of 3 e. Determine that the risks are sufficiently reduced, according to Minnesota Department of Health guidelines, to allow renewed occupancy of the Clandestine Drug Lab Site. on 1015:35 Property Owner's Responsibility for Costs and the City of St. Cloud Costs. Subd. 1. Consistent with Minnesota Statutes Chapter 145A the property owner shall be responsible for: a. Private contractor's fees, cleanup, remediation, and testing of the Clandestine Drug Lab Site, and; b. The City of St. Cloud's fees and costs of administering notices, enforcing vacating, cleanup, remediation, and testing of the Clandestine Drug Lab Site. Subd. 2. Nothing in this ordinance is intended to limit the property owners, occupants, or the City of St. Cloud's right to recover costs, referenced in this section, from persons contributing to the contamination, such as the operators of the Clandestine Drug Lab and /or other lawful sources. Section 1015:35, Subd. 3 (1977) Subd. 3 The City of St. Cloud's administrative and enforcement services, referenced in Subd. I, b. of this Section include but are not limited to, the following: a. Posting the site. b. Notification of concerned parties. c. Remediation services. d. Laboratory fees. e. Expenses related to the recovery of cost, including the property assessment process. f. Administrative fees g. Other services associated with assessing, vacating, and remediation of the property. ,n 1015:40. Recovery of Public Costs Subd. 1. if, after service of the notice of a Public Health Nuisance, the property owner fails to arrange appropriate assessment and cleanup within 10 days, the Health and Inspections Department is authorized to proceed in a prompt manner to initiate the on -site assessment and cleanup. Subd. 2. If the Health and Inspections Department is unable to locate the property owner within 10 days of the notice of Public Health Nuisance, The Health and Inspections Department is authorized to proceed in a promp manner to initiate the on -site assessment and cleanup. Subd. 3. The Health and Inspections Department may abate the nuisance by removing any hazardous structure, building or condition, in accordance with Minnesota Statute Chapter 463. Subd. 4. If the City of St. Cloud abates the Public Health Nuisance, in addition to any other legal remedy, the City of St. Cloud shall be entitled to recover all costs. The City of St. Cloud may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner that taxes and special assessments are certified and collected. action 1015:45. Violations and Penalties. Any person violating any provision of .iection 1015 is guilty of a misdemeanor. 7