03/27/2006 Council Packet - Laserfiche WebLink

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• • • Page 4 of 5 (k) The commissioner of health shall post on the Internet contact information for each local community health services administrator. (1) Each local community health services administrator shall maintain information related to property within the administrator's jurisdiction that is currently or was previously subject to an order issued under paragraph (c). The information maintained must include the name of the owner, the location of the property, the extent of the contamination, the status of the removal and remediation work on the property, and whether the order has been vacated. The administrator shall make this information available to the public either upon request or by other means. (m) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee if, to the seller's or transferor's knowledge, methamphetamine production has occurred on the property. If methamphetamine production has occurred on the property, the disclosure shall include a statement to the buyer or transferee informing the buyer or transferee: (1) whether an order has been issued on the property as described in paragraph (c); (2) whether any orders issued against the property under paragraph (c) have been vacated under paragraph (j); or (3) if there was no order issued against the property and the seller or transferor is aware that methamphetamine production has occurred on the property, the status of removal and remediation on the property. (n) Unless the buyer or transferee and seller or transferor agree to the contrary in writing before the closing of the sale, a seller or transferor who fails to disclose, to the best of their knowledge, at the time of sale any of the facts required, and who knew or had reason to know of methamphetamine production on the property, is liable to the buyer or transferee for: (1) costs relating to remediation of the property according to the Department of Health's clandestine drug labs general cleanup guidelines and best practices; and (2) reasonable attorney fees for collection of costs from the seller or transferor. An action under this paragraph must be commenced within six years after the date on which the buyer or transferee closed the purchase or transfer of the real property where the methamphetamine production occurred. (o) This section preempts all local ordinances relating to the sale or transfer of real property designated as a clandestine lab site. HIST: 2005 c 136 art 7 s 9 -48- file: / /C:\DOCUME-1 \JULIE - 1.BAR \LOCALS-1 \Temp \7U9G00A9.htm 3/8/2006