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<br /> . Public Notices wlthtn ten (10) business days of receiving notification, to initiate the -assessment
<br /> ,f'lhe Abatement Order, the property and cleanup when the property owner (a)
<br /> continued from Page 14 owner(s) and/or occupanl(s) shaH act to is not located, (b) is located but fails to
<br /> bfficial shall notify and order the property accomplish the following: respond appropriately, or (c) notifies the
<br /> ._ owner and occupant to have the public 1. Notify the Buildin-g Official Ihat the City that the owner retuses to or cannot
<br /> t1eatth nuisance abated as provided ~n affected parts 01 the !~tructure has been pay 'he costs 0' arrange timely
<br /> . and this Chapter. The Abatement Order and will remain vacated and secured until assessment and cleanup that is
<br /> Shall inClude a description 01 the site and the health authority acts to remove Ihe acceptable to the Building Official.
<br /> all portions thereof that are detennined to chemical investigation site publiC health (A) The City may abate the nuisance by
<br /> 'be contaminated and shall. include nuisance declaration; removing . any hazardous structure,
<br /> statements Indicating: 2. Contract with one or more acceptable building, or otherwise, in compliance with
<br /> , (A) That all or portions' of the site are environmental hazard testing . and Minnesota Statutes Chapter 463 or by
<br /> ctetermlned to be contaminated and at cleaning firms (acceptable firms are any other means provided under,law.
<br /> risk to occupants or visitors a'. those that have provided the Minnesota (B) If the City abales the public health
<br /> : immediately vacated. Department of Health and/or Building nuisance, it may recover all cosls
<br /> (B) That the owner commence and Official assurance of appropriate associated with such abatement.
<br /> , complete all testing artd clean up equipment, procedures and personnel) to (C) In addition to any other legal remedy,
<br /> procedures and other required remedial accomplish the following: the City may recover costs by civil action
<br /> actions on the site by dates specified in .. Conduct a detailed on-site against the person or persons who own
<br /> the order or such other dates agreed to assessment; the property or by assessing such costs
<br /> by the City, b. Determine 'he extent of as a special tax against the property in
<br /> (Cl That the site may not be re-occupied contamination; Ihe manner that taxes and special
<br /> or used in any manner until It has been c. Carry out and for direct remediation assessments are certified and collected
<br /> . completely Cleaned in accordance with operations; pursuant to Minnesota Statutes ~29.101
<br /> the guidelines estabtished by the MOH. d. Perform andfor direct fOllOW-UP 650.21 Authority to Modlfv or Remove
<br /> (D) That if .h. owner does no. sampiing and testing; and Deelaratlon of Public Health Nuisance.
<br /> 'commence testing and complete the e. Determine that the risks are The Building Official.. is authorized 10
<br /> clean up procedures by the dates sufficiently reduced, according to modify the Declaration of chemical
<br /> . established in the order, the . City, its Minnesota Department of Health investigation site public health nuisance. '
<br /> officials, employees, or agentS. will guidelines, to allow the structure to . be Such modifications or removal shall be
<br /> arrange appropriate on-site assessment reoccupied; only after the Build,ing Official has
<br /> 'and Cleanup services al the owner's 3. Provide the Building Official with the determined levels of contamination are
<br /> ~xpense. identity of the environmental hazard sufficiently reducedtl)rough remediation
<br /> (E) That the owner is responsible for all testing and cleaning finn with whom the to warrant modification or remova] of Ihe
<br /> fOsts associated with - the on-site owner has contracted, for remediation of declarati(m. The Building Official may rely
<br /> assessment and dean up of the site the structure as described above; and on information from competent sources,
<br /> i,ncIuding aU costs Incurred by the CIty 4. Provide the Building Official with the including those supplied by the property
<br /> .00 other putlllc agencies,.and that It the contractor's plan and schedule, for owner(s) andlor others such as state and
<br /> owner does not promptty pay those cost remediation leading to removal of the local health, safety, and pollution control
<br /> . ,they will be assessed against the chemical investigation site public h~lth authorities to reach such decisions.
<br /> property and coUected in the manner 01 a nuisance declaration. Annntion DatA. Passed by the City
<br /> , special tax. (C) The property owner(s) or Council of the City o/Arden Hills on the
<br /> '660.17 SI!Irvict! of AhBtmnI!nt Order. occupant(s) may seek aUlhorizalion lor 251h day oj April, 2005.
<br /> , The Abatement Order shall be deemed to an extension of time to allow the owner to Effective. Date. This ordinance shall
<br /> be property served if' a copy thereof is consider options for arranging cleanup or become effective the day following its
<br /> dellYere(fln one of the following methods: removal of the affected parts of the publication in the City'S official
<br /> , (A) Delivered personally structure. The owner(s) or occupant(s) newspaper.
<br /> (B) Sent by certified or first class mall must show gOOd cause for any such Beverly Aplikowski, Mayor
<br /> addressed to the last know address. extension. Any extension shall be (Bulletin: May 25, 2005)
<br /> (C) ,A copy posted in a conspiCuous dependent on the owner(s) assurance -
<br /> place in or about the dwelling or area that the affected parts of the structure will
<br /> . ~ected by such order. not be occupied pending -appropriate
<br /> .650.18 Proomtv OwnRr and Or:eurumt cleanup or demolition.;,
<br /> , ~Don.lbllhv tD Act. Property (0) The owner(~), occupant(s) or their 0'<"
<br /> owner(s) and occupant(s) provided, with contractor shall provide Qocumentation of
<br /> an OwnerlOccupant Notice, which may the Cleanup and remediation, inCluding
<br /> Include the posted _ wamlng notice but not limited to follow-up environmental
<br /> Informing them about the chemical testing as deemed necessary, to the
<br /> investigation site public health nuisance, Building Official. Review and
<br /> Shall promptly act to vacate within twenty. determination of acceptable cleanup
<br /> iour (24) hours an occupants from those must be made by the Building Official
<br /> parts of a structure that area chemical prior to re-occupancy of Ihe property.
<br /> investigation site public health nuisance, 650.19 O~ner's .1~esDonslbllltv for,
<br /> Including dwellings, buildings, motor ~'ll1eownerofl:he,5ileis responsible
<br /> yehicles. trailers, bOats or other vehicles for the. costs of vacating the site and
<br /> and appliances. surrounding areas, testing, Clean-up and
<br /> ,(A) In the event the property owner(s) public' expenses. Public expenses
<br /> and occupant(s) who received the include all costs that have or may be
<br /> OwnerlOccupant Notice fail to vacate incurred by the City and other, public
<br /> Parts of a structure that are a chemical agencies including but not limited 10,
<br /> investigation sile public health nuisance, costs for.
<br /> 1he Building Official shall ~Qrder all (A) Emergency Response
<br /> persons to vacale, the prelJlllies.:Failure (B) Posting and physical security of site
<br /> to leave .is a .;nisdemear,of.. Where a (C) Notification of affected parties
<br /> person falls to, vacate the premises as (D) Expenses related to the recovery of
<br /> ordered by the Building Official, the City's costs, including the assessment process
<br /> Law Enforcement Agency may be. (E) Laboratory fees
<br /> . summoned to assist in vacaling the. (F) Clean-up fe,es
<br /> premises.snci issuing such citations or in (G) Administrative fees
<br /> (nBking . such arrests as may be 650.20 Recovervm Public Costs. The
<br /> necessary to comply with this subsection. City IS authorizE!d under Minnesota
<br /> (B) Except as hereinafter provided, Statutes 463 to proceed wilhin len (10)
<br /> ,~usiness days after mailing of
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