HomeMy WebLinkAboutOrdinance 753ORDINANCE NO. 753
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE INDEX AND TABLE OF CONTENTS OF THE
MOUNDS VIEW MUNICIPAL CODE, AMENDING THE TABLE OF CONTENTS OF
TITLE 600, PUBLIC HEALTH AND ADDING A NEW CHAPTER 609 ENTITLED
"CLEANUP OF CLANDESTINE DRUG LAB SITES"
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: The following shall represent a summary of this ordinance and
shall be published, along with the ordinance title, in lieu of the whole ordinance as
permitted by Mounds View City Charter Section 3.07:
Ordinance 753 amends title 600 "Public Health" by creating a new
chapter 609 "Cleanup of Clandestine Drug Lab Sites" The intent of
Ordinance 753 is to protect the public health, safety and welfare and to
reduce public exposure fo health risks where hazardous chemicals
• from a clandestine drug lab or chemical dumpsite exists.
SECTION 2: The Mounds View Municipal Code Index is amended by
alphabetically inserting the following underlined text:
Cleanup of Clandestine Druq Lab Sites ...........................................609
SECTION 3: The Mounds View Municipal Code Table of Contents is
amended by inserting the following underlined text:
Cleanup of Clandestine Druq Lab Sites .............................................609
SECTION 4: The Table of Contents for Title 600, Public Health, is amended
by inserting the following underlined text:
Cleanup of Clandestine Drug Lab Sites .............................................609
SECTION 5: Anew Chapter 609 entitled "Cleanup of Clandestine Drug Lab Sites" is
hereby added to Title 600, Public Health:
Page 1
609.01
CHAPTER 609
CLEANUP OF CLANDESTINE DRUG LAB SITES
SECTION:
609.01: Findings and Purpose
609.02: Definitions
609.03 Declaration of Property as Public Nuisance
609.04 Notice to Other Authorities
609.05 Notice to Concerned Parties
609.06 Issuance of Abatement Order
609.07 Responsibilities of Owner
609.08 City Authority to Initiate Cleanup
609.09 Owner's Responsibility for Costs
609.10 Recovery of City Costs
609.11 Removal of Public Nuisance Declaration
609.12 Violations
609.02
609.01: Findings and Purpose: The City Council finds that the existence of
clandestine drug lab sites and chemical dump sites in the City pose a serious
health and safety threat to members of the public, such sites may contain
hazardous chemicals, substances, or residues that place people, particularly
minors and adults of child-bearing age, at risk of exposure though inhabiting or
visiting the site. The Council has therefore determined that the regulation and
proper removal of those sites is necessary for the protection of the public health,
safety, and general welfare.
609.02: Definitions: The definitions in this Section shall apply when these words
and phrases are used in this Chapter.
Subd. 1. Chemical Dump Site means any place or location where chemicals
and/or other hazardous waste material used in a clandestine drug lab have been
deposited.
Subd. 2. Clandestine Drug Lab means the unlawful manufacture or attempt
to manufacture controlled substances.
Subd. 3. Clandestine Drug Lab Site means any place or location where
conditions associated with the operation of a clandestine drug !ab are found to
exist and may include dwellings, accessory buildings or structures, motorized or
non-motorized vehicles, or any parcels of land.
Subd. 4. Controlled Substance means any drug, chemical, substance, or
immediate precursor thereto as defined by Minnesota Statutes Section 152.02,
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Schedule I through V, but does not include distilled spirits, wine, malt beverages,
intoxicating liquors, or tobacco.
Subd. 5. Enforcement Officer means the Building Official, Housing Inspector,
or an authorized representative or designee.
Subd. 6. Hazardous Waste means any chemicals or other substances used
in the manufacture of controlled substances in a clandestine drug lab and the
resulting by-products there from which pose a risk to the health, safety, and
welfare of occupants, visitors, or neighbors of the site.
Subd. 7. Manufacture means the production, cultivation, quality control, and
standardization, in locations other than a pharmacy, of controlled substances by
mechanical, physical, chemical, or pharmaceutical means, and the packing,
repacking, tablet producing, encapsulating, labeling, relabeling, filling or other
similar process relating to such substances.
Subd. 8. MDH means the Minnesota Department of Health.
Subd. 9. Minor means any person under the age of eighteen years.
Subd. 10. MPCA means the Minnesota Pollution Control Agency
• Subd. 11. Owner means any person, firm, partnership, company, corporation,
or other entity that owns or has title to in full or in part of, the land, buildings,
structures, or other property associated with a clandestine drug lab site or a
chemical dump site.
Subd. 12. Site means any defined location, including buildings, structures, or
other property, where appropriate tests have determined that, due to the existence
of a clandestine drug lab site or chemical dump site, a risk to the health, safety,
and welfare exists for any persons who occupy, visit, or neighbor on the location.
609.03: Public Nuisance: Existence and maintenance of a clandestine drug lab
site or chemical dump site in the City constitutes a public nuisance subject to the
regulations of this Chapter in addition to any and all applicable federal, state, or
local laws and ordinances. No person may occupy, enter, or allow occupancy or
entrance to property under this Section until such declaration is vacated or
modified to allow occupancy.
603.04 Notice to other Authorities: Law enforcement agencies that identified
conditions associated with a clandestine drug lab site or chemical dump site which
place neighbors, visiting public, or present and future occupants of the site at risk
for exposure to harmful chemicals or other contaminants must promptly notify the
Mounds View Chief of Police. The Chief of Police will promptly notify the
S Enforcement Officer, appropriate child protection agencies, and the appropriate
health authorities. The notice must, at a minimum, identify the location of the site,
the site owner, if known, and the conditions found on the site.
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603.05 Notice to Concerned Parties:
Subd. T . Upon notification by law enforcement authorities, the Enforcement Officer
will promptly notify the following parties by U.S. Mail:
a. The owner of the property, if known.
b. Occupants of the property.
Subd. 2. The Enforcement Officer will attempt to notify the additional following
parties .
a. Any neighbors that have been determined to be at risk.
b. Other appropriate state and local authorities including, but not limited to, the
MDH and the MPCA, which are known to have applicable public and
environmental protection responsibilities.
Subd. 3. The notice must, at a minimum, include the location of the site, the name
of the property owner, if known, the type and nature of the contamination, and the
extent of the contamination.
Subd. 4. The Enforcement Officer must also cause a copy of the notice to be
• posted at each appropriate access point to the site.
Subd. 5. Removal of the posed notice by anyone other that the Enforcement
Officer, law enforcement authorities, or their designees, is prohibited.
Subd. 6. Any multiple dwelling license or business license issued by the City of
Mounds View will be immediately suspended upon issuance of the notice and will
only be reinstated after full compliance with an abatement order.
609.06 Issuance of Abatement Order:
Subd. 1. In addition to the required notices, the Enforcement Officer will issue an
Abatement Order to the owner to abate the public nuisance. The order must be
properly served and include at a minimum the following:
a. A description of the site and all portions thereof that are determined to be
contaminated. The description may be in any form that readily identifies the
contaminated portion of the site.
b. That all portions of the site that are determined to be contaminated and at risk
to occupants or visitors are immediately vacated.
c. That the owner commence and complete all testing and clean up procedures
and other required remedial actions on the site by dates specified in the order
or such other dates agreed to by the City.
Page 4
d. That the site may not be re-occupied or used in any manner until it has been
completely cleaned in accordance with the guidelines established by the
MDH.
e. That if the owner does not commence testing and complete the clean up
procedures by the dates established in the order, the City, its officials,
employees, or agents, will arrange appropriate on-site assessment and
cleanup services at the owner's expense.
f. That the owner is responsible for all costs associated with the on-site
assessment and clean up of the site including all costs incurred by the City
and other public agencies, and that if the owner does not promptly pay those
cost they will be assessed against the property and collected in the manner of
a special tax.
Subd. 2. Method Of Service: The order shall be deemed to be properly served if
a copy thereof is delivered in one of the following methods.
a. Delivered personally
b. Sent by certified or first class mail addressed to the last know address.
c. A copy posted in a conspicuous place in or about the dwelling or area
affected by such order.
609.07 Responsibilities of Owner:
Subd. 1. Upon receipt of the notice and abatement order, the owner will be
responsible for the following:
a. The site and all surrounding areas determined to be at risk are properly
vacated to avoid exposure to unsuspecting parties.
b. Promptly contract with appropriate environmental testing and cleaning firms to
conduct an on-site assessment, complete cleanup and remediation testing,
including periodic follow-up testing to assure 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.
d. Provide written documentation to the City of the cleanup process, including a
copy of the final certification from the testing firm that the site is fit for human
habitation, and a written, signed, statement that the cleanup met all MDH
• Guidelines.
609.08 City Authority to Initiate Cleanup: If, within 10 days after service of the
notice and the abatement order, the City is unable to locate the owner or
Page 5
the owner fails to arrange appropriate on-site assessment and cleanup,
the Enforcement Officer is authorized to proceed in a prompt manner to
initiate the on-site assessment and cleanup. When appropriate, the City
may abate the nuisance by removing any hazardous structure, building, or
otherwise in accordance with Minnesota Statutes Chapter 463, Section
607 of the City of Mounds View Code, or by any other means provided
under law.
609.09 Owner's Responsibility for Costs:
Subd. 1. The owner of the site is responsible for the costs of vacating the site and
surrounding areas, testing, clean up, and public expenses. Public expenses will
include all costs that have or may be incurred by the City and other public agencies
including, but not limited to, costs for:
a. Emergency Response.
b. Posting and physical security of the site.
c. Notification of affected parties.
d. Expenses related to the recovery of costs, including the assessment
process.
e. Laboratory fees.
f. Cleanup fees.
M g. Administrative fees.
609.10 Re covery of City Costs:
Subd. 1. Within 30 days after receipt of an invoice from the City, the owner will
submit payment in full of all City costs associated with the clean up project.
Subd. 2. If the City has been unable to locate the owner, or the owner fails to
submit timely payment to the City, and after reasonable notice to the owner of the
impending certification, the City is authorized to collect its costs by assessing those
costs against the property in the same manner as a special assessment which will
be certified and collected in the manner of a special tax in accordance with
applicable law.
609.11 Removal of Public Nuisance Designation: Upon receipt of the
appropriate certification that the site has been cleaned in accordance with MDH
guidelines and is no longer a risk to occupants of the site or others, the
Enforcement Officer will remove the public nuisance designation of the site and will
so notify in writing the owner and all parties previously notified. The Enforcement
Officer will also promptly cause all postings on the site to be removed.
609.12 Violations: Any person who violates the provisions of this Chapter,
including, but not limited to, the unauthorized removal of any official postings at the
site, is guilty of a misdemeanor in addition to any other sanctions and obligations
imposed herein.
Page 6
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First read by the City Council of the City of Mounds View on this 8th day of
November 2004.
Read and adopted by the City Council of the City of Mounds View this 22"d day of
November 2004.
Jer ayor
ATTEST:
urt Ulrich, City Clerk-Administrator
E L
(S A )
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Page 7
APPROVED AS TO FORM:
State of Ndannesota SS
County of Raag-sey~
Keri Solseth ,being duly sworn, on oath, says that
•
•
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as NF,W RRTCTHTnN RTTT.LF,TIN ,and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.0?_, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE NO. 753
which is attached was cut from the columns of said newspaper, and was printed and published once each
TH
week, for 1 successive weeks; it was first published on wED• ,the 8 day of
DEC. , 20 04 ,and was thereafter printed and published on every to and including
,the day of , 20 ;and printed below is a copy of the lower case alphabet
from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*abcdefghijkl mnopq rstuvwxyz
Subscribed and sworn to before me on
ND
this 8 day of NOV. 20 04
Notary Public
BY:
"Alphabet should be in the same size and kind of type as the notice.
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`~~`'~'~'~"'~~``"'' RATE INFORMATION
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(1) Lowest classified rate paid by
commercial users for comparable space ......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
TITLE ACCOUNTING ASSOCIATE
1 /04
.$24.00 per col. inch
$20.49 per col. inch
...$ per col. inch
ORDINANCE N0.753
CITY OF MOUNDS VIEW
COUWTY OF RAMSEY
"Ate OF MINNESOTA
AN ^ORDFNANCE AMENDING THE
INDEX AND TABLE OF CONTENTS OF
THE MOUNDS VIEW MUNICIPAL
CODE, AMENDING tHE TABLU OC
CONTENTS OF TITLE 600,
HEAL~'N 'AND ADDING A NEW
CHAPTER 609 ENTRLED' "CLEANUP
OF CLANDESTINE DRUG-LAB SAS"
THE CITY OF ' MOUNDS VIEW
ORDAINS:
SECTION. 1: The following shall.
represent a summary of tfiis ordinance
and shall. be published, along, with the
ordinance title, in lieu of the whole
ordinance as permitted by Mounds View
City ChaRer Section 3:07:
Urdinarx3e 753 amends title 600 :Public
Health",by creatlng a new Chapter 609
enNfled' Cleanup of Clandestine Drug
1.ab Sif(!s". The~ntent of Ordinance 753 is
to protect the public. health. safr?ty and
welfare and to reduce public exposure to
health dsks where hazardous chemicals
frdm a clandestine drug lab or chemical
dumpsite exists. The ordinance provides
' for a mechanism to assess costs
associated withKhs clean-up of a drug lab.
site back fo the property'.owner as a
means of cost recovery.
A complete cry of N-is ordinance is
available for public' viewing at Mounds
View City Hall or it can be accessed on
the Internet at Htto~!/www ci mounds-
(Bulletin: Dec. 8; 2004}
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