HomeMy WebLinkAbout354
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. CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 354
AN ORDINANCE RELATING TO CLANDESTINE DRUG LAB SITES
The Arden Hills City Council ordains that Chapter 650 is hereby added to the Arden Hills
Municipal Code, to read as follows:
Section 650, Clandestine Dru!! Lab Sites
650.10 Purpose and Intent. The purpose of Chapter 650 is to protect public health, safety and
welfare, and reduce public exposure to health risks where law enforcement authorities
have determined that hazardous chemicals from a suspected clandestine lab site or
associated dumpsite may exist. The City Council finds that such sites may contain
hazardous chemicals, substances, or residues that place people, particularly children or
women of child-bearing age, at risk of exposure through inhabiting or visiting the site or
being exposed to contaminated personal property.
Chemicals used in the production of illicit drugs can condense, penetrate and contaminate
. surfaces, furnishings, and equipment of surrounding structures. These conditions present
health and safety risks to occupants and visitors of structures through fire, explosion, skin
and respiratory exposure to chemicals.
650.11 Interpretation and Application. The provisions of this Chapter 650 shall be interpreted
and applied as tbe minimum requirements necessary to protect public health, safety and
welfare. Where conditions imposed by any provision of this Chapter 650 are either more
or less restrictive than comparable provisions imposed by any other law, ordinance,
statute, or regulation of any kind, the regulations which are more restrictive or which
impose higher standards or requirements shall prevail.
650.12 Defiuitions
(A) Chemical Dump Site. Any place or location where chemicals and/or other
hazardous waste material used in a clandestine drug lab have been deposited.
(B) Chemical investigation site. A Clandestine drug lab site that is under notice and
order for cleanup and/or remediation as a public health nuisance, and this Chapter
650.
(C) Clandestine drUg lab operation. The unlawful manufacture, or attempt to
manufacture, a controlled substanee(s).
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. (D) Clandestine drug lab site. Any place or area where law enforcement has
determined that conditions associated with the operation of an unlawful
clandestine drug lab exist. A clandestine drug lab site may include dwellings,
accessory buildings, or structures, a chemical dumpsite, vehicle boat, trailer or any
other land.
(E) Cleanup. The proper removal and/or containment of substances hazardous to
humans and/or the environment at a chemical investigation site.
(F) Controlled substance. A drug, substance or immediate precursor described under
Schedules I tbrough V of Minnesota Statute 152.02, and as amended in the future.
The term shall not include distilled spirits, wine, malt beverages, intoxicating
liquors or tobacco.
(G) Health Authoritv. Ramsey County Department of Public Health
(H) Household hazardous wastes. Waste generated from a clandestine drug lab
operation. Such wastes shall be treated, stored, transported, or disposed of in a
manner consistent with Minnesota Department of Public Health, Minnesota
Pollution Control Agency and Ramsey County Health Department rules and
regulations.
(I) Law Enforcement Agencv. An agency or a person designated by the City
Council.
. (J) Manufacture. In places other than a phannacy, shall mean and include the
production, cultivation, quality control, or standardization, by mechanical,
physical, chemical or phannaceutical means, packing, repacking, tableting,
encapsulating, labeling, relabeling, or filling, of a controlled substance.
(K) Occupant. Any person who occupies real property, whether with or without any
right, title, or interest in the property, and any person in possession or charge or
such property in the event the owner resides or is located elsewhere.
(L) Owner. Any person, firm or corporation who owns, in whole or in part, the land,
buildings or structures associated with a clandestine drug lab site. Unless
information is provided to prove othelWise, the owner of real property is deemed
to be the property taxpayer of record in the Ramsey County records, and the
owner of a vehicle, boat or trailer as deemed to be the person listed as the owner
of the most recent title to said vehicle boat or trailer.
(M) Public health nuisance. All dwellings, accessory structures and buildings or
adjacent property associated with a clandestine drug lab site deemed unsafe due to
potential health hazards.
(N) Remediation. Methods such as assessment, evaluation, testing, venting, detergent
scrubbing, enclosure, encapsulation, demolition, and/or removal of contaminate
. materials from a chemical investigation site.
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. 650.13 Public Health Nuisance. A clandestine drug lab site or chemical dump site is hereby
determined to be a public nuisance subject to the regulations of this Chapter 650 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 declared a public health
nuisance under this Chapter 650 until such declaration is vacated or modified to allow
occupancy.
650.14 Notice to Other A!!cncies ("A!!encv Notice"). Law enforcement authorities, if other
than the City's Law Enforcement Agency, upon identification of a clandestine drug lab
site or a chemical dump site shall promptly notifY the City's Law Enforcement Agency.
The City's Law Enforcement Agency shall notify the Building Official, appropriate
health authority and other appropriate agencies of the property location, property owner if
known, and conditions found.
650.15 Notice to Owner and Occupant ("Owner/Occupant Notice"). Upon notification by
law enforcement authorities, the Building Official will promptly notify the following
parties by u.s. Mail:
(A) The owner of the property, ifknown.
(B) Occupants of the property.
(C) Any neighbors determined to be at risk to the extent that they can be located.
(D) Other appropriate state and local authorities inclLlding, but not limited, to the
. Minnesota Department of Health, the Minnesota Pollution Control Agency, which
are known to have applicable public and environmental protection responsibilitieso
The Owner/Occupant Notice must, at a minimum, include the location of the chemical
dump site or the clandestine drug lab site; the name of the property owner, if known; the
type and nature of the contamination; and the extent ofthe contamination. The Building
Official must also cause a copy of the Owner/Occupant Notice to be posted at each
appropriate access point to such site. Removal of the posted OVlller/Occupant Notice by
anyone other than the Building Official, City's Law Enforcement Agency, or their
designees, is prohibited.
650.16 Issuance of Abatement Order ("Abatement Order"). The Building Official shall
notify and order the property owner and occupant to have thc public health nuisance
abated as provided in and this Chapter. The Abatement Order shall include a description
of the site and all portions thereof that are determined to be contaminated and shall
include statements indicating:
(A) That all or portions of the site are determined to be contaminated and at risk to
occupants or visitors are immediately vacated.
(B) 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.
(C) 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.
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. (D) 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.
(E) 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.
650.17 Service of Abatement Order. The Abatement 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.
650.18 Propertv Owner and Occupant Responsibilitv to Act. Property owner(s) and
occupant(s) provided with an Owner/Occupant Notice, which may include the posted
warning notice informing them about the chemical investigation site public health
nuisance, shall promptly act to vacate within twenty-four (24) hours all occupants from
those parts of a structure that are a chemical investigation site public health nuisance,
. including dwellings, buildings, motor vehicles, trailers, boats or other vehicles and
appliances.
(A) In the event the property owner(s) and occupant(s) who received the
Owner/Occupant Notice fail to vacate parts of a structure that are a chemical
investigation site public health nuisance, the Building Official shall order all
persons to vacate the premises. Failure to leave is a misdemeanor. Where a
person fails to vacate the premises as ordered by the Building Official, the City's
Law Enforcement Agency may be summoned to assist in vacating the premises
and issuing such citations or in making such arrests as may be necessary to
comply Witll this subsection.
(B) Except as hereinafter provided, within ten (10) business days ofreceiving the
Abatement Order, the property owner(s) andlor occupant(s) shall act to
accomplish the following:
1. Notify the Building Official that the affected parts of the structure has been
and will remain vacated and secured until the health authority acts to
remove the chemical investigation site public health nuisance declaration;
2. Contract with one or more acceptable environmental hazard testing and
cleaning firms (acceptable firms are those that have provided the
Minnesota Department of Health and/or Building Official assurance of
. appropriate equipment, procedures and personnel) to accomplish the
following:
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. a. Conduct a detailed on-site assessment;
b. Determine the extent of contamination;
c. Carry out and lor direct remediation operations;
d. Perform and/or direct follow-up sampling and testing; and
e. Determine that the risks are sufficiently reduced, according to
Minnesota Department of Health guidelines, to allow the structure
to be reoccupied;
3. Provide the Building Official with the identity ofthe environmental hazard
testing and cleaning firm with whom the owner has contracted, for
remediation of the structure as described above; and
4. Provide the Building Official witb the contractor's plan and schedule for
remediation leading to removal of the chemical investigation site public
health nuisance declaration.
(C) The property owner(s) or occupant(s) may seek authorization for an extension of
time to allow the owner to consider options for arranging cleanup or removal of
the affected parts of the structure. The owner(s) or occupant(s) must show good
cause for any such extension. Any extension shall be dependent on the owner(s)
assurance that the affected parts of the structure will not be occupied pending
appropriate cleanup or demolition.
. (D) The owner(s), occupant(s) or their contractor shall provide documentation of the
cleanup and remediation, including but not limited to follow-up environmental
testing as deemed necessary, to the Building Official. Review and determination
of acceptable cleanup must be made by the Building Official prior to re-occupancy
of the property.
650.19 Owner's Rcsponsibilitv for Cost. 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 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 site
(C) Notification of affected parties
(D) Expenses related to the recovery of costs, including the assessment process
(E) Laboratory fees
(F) Clean-up fees
(G) Administrative fees
650.20 Recoverv of Public Costs. The City is authorized under Minnesota Statutes 463 to
proceed within ten (10) business days after mailing of notification, to initiate the
. assessment and cleanup when the property owner (a) is not located, (b) is located but fails
to respond appropriately, or (c) notifies the City that the owner refuses to or cannot pay
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. the costs or arrange timely assessment and cleanup that is acceptahle to the Building
Official.
(A) The City may abate the nuisance by removing any hazardous structure, building,
or othelWise, in compliance with Minnesota Statutes Chapter 463 or by any other
means provided under law.
(B) If the City abates the public health nuisance, it may recover all costs associated
with such abatement.
(C) In addition to any other legal remedy, the City 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 pursuant to Minnesota Statutes 9429.101
650.21 Authoritv to Modifv or Remove Declaration of Public Health Nuisance. The
Building Official is authorized to modify the Declaration of chemical investigation site
public health nuisance. Such modifications or removal shall be only after the Building
Official has determined levels of contamination are sufficiently reduced through
remediation to warrant modification or removal of the declaration. The Building Official
may rely on information from competent sources, including those supplied by the
property owner(s) and/or others such as state and local health, safety, and pollution
control authorities to reach such decisions.
. Adoption Date. Passed by the City Council ofthe City of Arden Hills on the .JIJ.tJ:a.ay of
A-,(.I ,2005.
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Effective Date. This ordinance shall become effective the day following its publication in the
City's official newspaper.
Lf 11:- of .\i
Publication Date. Published on the /v\(UJ ,2005.
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SEAL Be~owski, Mayor
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IRECET\/l::"!l I
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e MAY - 9 2005 I
Affidavit of PubHcation
CITY OF ARDEN HILLS I
Slate of Minnesola }
SS
County of Ramsey
Tonya Whitehead , 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 SHORRVTFW BIll T .FTIN , 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.02, 331A07, and other applicable laws, 3S 3mended.
(8) The printed ORDINANCE NO. 354
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WED. , the 4TH day of
MAY , 20~, 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
e 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 ~mJ\~. Id~O diQ
"ABeD EFGH IJKLMNOPQRSTUVWXYZ
"a bcdefghij klmnopq rstuvwxyz
TI A UNTING ASSOCIATE
Subscribed and sworn to before me on
4TH
this. ~ MAY , 20~.
~--1./ -'~
Notary Public
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; 4:; KERI A. SOLSETH
~,I,;' Notary Publl~~Minnesota RATE INFORMATION
'~a~" My CommiSSion Expires Jan 31, 2010
(1) Lowest classified rate paid by
commercial users for comparable space............ .______...........__ ______ ____. ______ __.$24.00 per coL inch
(2) Maximum rate allowed by law for the above matter...........................................$20.49 per coL inch
(3) Rate actually charged for the above matter ................. .....................................$ per coL inch
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. Affidavit of Publication I "'T~,t~i:'~ :_'<~\E~"O~~ L' I
Vl i '-",' .' u ," " __ '-';
._.._.~w~____..___"~_. ,
State of Minnesota} SS
County of Ramsey
Tonya Whitehead , 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 SHORFVTFW RTJTJ FTTN , 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.02, 331A.07, and other applicable laws, as amended.
(6) The printed ORDINANCE NO. 354
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WED. , the 25TH day of
MAY , 20~, 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:
* ABCDEFGHIJKLMNOPQRSTUWJXYZ 6~~ Il '\ We.~ 0 JIfJ
* ABCDEFGHIJKLMNOPQRSTUVWXYZ
*abcdefghijklmnopqrstuvwxyz
TITLE A UN~ING ASSOCIATE
this
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space..." ..... ....''...''''.''''...........''............''...$24.00 per coL inch
(2) Maximum rate allowed by law for the above matter..............................."..........$20.49 per coL inch
(3) Rate actually charged for the above matter ...................... .".............................$ per coL inch
. 1/05
.
~_.,~.~-- --------- ---.--- -----,--
The provisions of this Chapter 650 shall prove otherwise, the owner of real
. be interpreted and applied as .the property is deemed to tie the property
minimum requirements necessary to taxpayer of record in the Ramsey County
protect public health, safety and welfare. records, and the owner of a vehicle, boat
Where conditions imposed by any or trailer as deemed to be the person
provision of this Chapter 650 are either listed as the owner of the most recent title
more or less restrictive than comparable to said vehicle boat or trailer.
provisions imposed by any other law, (M) Pllblic hAalth nui!':l'lnr.e, All
ordinance" statute, or regulation of any dwellings, accessory structures and
kind, the regulations which are more buildings or adjacent property as'sociated
restrictive 0' which Impose higher with a clandestine drug lab site deemed
standards or requirements shall prevaiL unsafe due to potential health hazards
650.12 Oefinitions (N) Rp.medialion. Methods such as
(A) C,hp.mical Duma Site. Any place or assessment, evaluation, testing, venting,
location where chemicals and/or other detergent scrubbing.- enclosu re,
hazardous waste material used in a encapsulation, demolition, and/or
clandestine drug lab have been removal 01 contaminate materials from a
deposited. chemical investigation site
(B) Cbemir.81 investiontion site A 650.13 Public Health Nuisance_ A
Clandestine drug lab site that is under clandestine drug lab site or chemical
notice and order for cleanup and/or dump site is hereby determined to be a
remediation as a publiC health nuisance, public nuisance subject to the regulations
and this Chapter 650. of this Chapter 650 in addition to any and
(e) Clnndp.stinA druD Inb Onf!ri.ltion_ The all applicable federal, state, or local laws
unlawful manufacture, or allempt to and ordinances. ,No person may occupy,
manufacture, a controlled substance(s). enter or allow occupancy or entrance to
(D) Clandestinp. orna lab site. Any place property declared a public health
or area where law 'enforcement has nuisance under this Chapter 650 until
determined that r.onrlitions associated such declaration is vacated or modified to
with the operation 01 an unlawful allow occupancy.
Clandestine drug lab exist. A clandestine 650.14 Notice to Other Aaencies
drug lab site may include dwellings, ("ADencv Notice"). law enforcement
accessory buildings, or structures, a authorities, if other than the City's Law
chemical dumpsite, vehicle boat, trailer or Enfortement Agency, upon identification
any other land. of a clandestine drug lab site or a
(E) Q.eaD..!.m_ The proper removal and/or chemical dump site shall promptly notify
containment of substances hazardous to the City'S Law Enforcement Agency. The
humans and/or the environment at a City's Law Enforcement Agency shall
chemical investigation site. notify the Building OHicia~, appropriate
. IF) ContrnllF!r1 suh!;tance. A drug, health authority and other appropriate
substance DC immediate precursor a,gencies 01 the property locatlpn,
CITY OF ARDEN HILLS described under Schedules I through V property owner i1 known, and conditions
COUNTY OF RAMSEY of Minnesota Statute 152.02, and as found.
amended in the future. Thelerm shall not 650.15 Notice to Owner and Occuoant
. STAtE OFt.iINN~'<, -:mclude }~i~~ij~~9,' sMi,lSl. wine,_ malt '''OwnerJOqcUDanINotice:'). Upon
',.pROIiIIANCE NO. 354 beverages; Intoxicating IIqUOfS or notIfication by law enforcement
ANOIlDINANCE REtAT1\1lt:1tf tobfcco. authorities, the Building Official will
CLANDESTINE DRUG LAB (G) Health Authoritv. Ramsey County promptly notify the following parties by
Department 01 Public Health U.S. Mail:
SITES IH) Housp.hold haza rdoll!'; wastes. (A) The owner ot the property,. if known.
The Arden Hills City Council ordains Waste generated from a clandestine drug (8) occupants of the property.
that Chapter 650 is hereby added to lab operation. SuCh wastes shall be (C) Any neighbors dEltermined to be at
the Arden Hills Municipal Code, tC" treated, stored, transported, or disposed risk to the extent that they can be located.
read as follows: of in a manner consistenl with Minnesota (0) Q1her appropriate state and local
Section 650 Clandestine DruD lab Department of Public Health, Minnesota authorities including, but not limited, to
.Siles Pollution Control Agency and Ramsey _ the Minnesota Department of Health, the
650.10 PurDose .and' Intent. The County Heatlh Department rules and Minnesota Pollution Control Agency,
purpose 01 Chapter 650 is to protect regulations which are known to have applicable
public health, safety and welfare, and (I) Law Enforcement Ammt.v. An agency publiC and environmental protection
reduce public exposure to health risks or a person designated by the City responsibilities.
where law enforcement authorities have Council The Owner/Occupant Notice must, at a
determined that hazardous chemicals (J) Mnnuj~t.turA. In places other than a minimum, include the location of the
from a suspected clandestine lab site or pharmacy, shall mean- and include the chemical. dump site or the clandestine
associated dumpsite may exisl. The _City production, cultivation, quality control, or drug lab site: the name of the property
Council finds that such sites may contain standardization, by mechanical, physical, owner, if known; the type and nature of
hazardous chemicals. substances, or chemical 0' pharmaceutical means, the contamination: and the extent of the
residues that place people, particularly packing, repacking, tableting, contamination. The Building Official must
children or women of child-bearing age, encapsulating, labeling, relabeling, or also ca~se a, copy of the
at risk of exposure through inhabiting or filling, of a controlled substance. Owner/Occupant Notice to be posted at
Visiting the site or being exposed to (K)~. Any person who occupies each appropriate access point to such
contaminated personal property. real, property, whether with or without any site. Removal of th, posted
Chemicals used in the production of right, tille, or interest in the property, and Owner/Occupant'Notice by anyone other
illicit drugs can condense, penetrate and any person in possession or charge or than the Building Official, City'S Law
contaminate surfaces, furnishings, and such property in the event the owner Enforcement Agency, or their designees,
equipment 01 surrounding structures. resides or is located elsewhere. is prohibited_
These conditions present health and IL) Qwer. Any person, firm DC 650.16 Issuance of AbatemP.nt Order
safety risks to occupants and visitors of corporation who owns, in whole or in part, ("Abatement Order"). The Building
. structures through fire, explosion. skin the land, buildings 0' structures
and respiratory exposure to chemicals associated with a clandestine drug lab Public Notices
650.11 Interoretatinn and Acclication. site. Unless information is provided to continued on Page 18
--
,
.
. Public Notices wlthtn ten (10) business days of receiving notification, to initiate the -assessment
,f'lhe Abatement Order, the property and cleanup when the property owner (a)
continued from Page 14 owner(s) and/or occupanl(s) shaH act to is not located, (b) is located but fails to
bfficial shall notify and order the property accomplish the following: respond appropriately, or (c) notifies the
._ owner and occupant to have the public 1. Notify the Buildin-g Official Ihat the City that the owner retuses to or cannot
t1eatth nuisance abated as provided ~n affected parts 01 the !~tructure has been pay 'he costs 0' arrange timely
. and this Chapter. The Abatement Order and will remain vacated and secured until assessment and cleanup that is
Shall inClude a description 01 the site and the health authority acts to remove Ihe acceptable to the Building Official.
all portions thereof that are detennined to chemical investigation site publiC health (A) The City may abate the nuisance by
'be contaminated and shall. include nuisance declaration; removing . any hazardous structure,
statements Indicating: 2. Contract with one or more acceptable building, or otherwise, in compliance with
, (A) That all or portions' of the site are environmental hazard testing . and Minnesota Statutes Chapter 463 or by
ctetermlned to be contaminated and at cleaning firms (acceptable firms are any other means provided under,law.
risk to occupants or visitors a'. those that have provided the Minnesota (B) If the City abales the public health
: immediately vacated. Department of Health and/or Building nuisance, it may recover all cosls
(B) That the owner commence and Official assurance of appropriate associated with such abatement.
, complete all testing artd clean up equipment, procedures and personnel) to (C) In addition to any other legal remedy,
procedures and other required remedial accomplish the following: the City may recover costs by civil action
actions on the site by dates specified in .. Conduct a detailed on-site against the person or persons who own
the order or such other dates agreed to assessment; the property or by assessing such costs
by the City, b. Determine 'he extent of as a special tax against the property in
(Cl That the site may not be re-occupied contamination; Ihe manner that taxes and special
or used in any manner until It has been c. Carry out and for direct remediation assessments are certified and collected
. completely Cleaned in accordance with operations; pursuant to Minnesota Statutes ~29.101
the guidelines estabtished by the MOH. d. Perform andfor direct fOllOW-UP 650.21 Authority to Modlfv or Remove
(D) That if .h. owner does no. sampiing and testing; and Deelaratlon of Public Health Nuisance.
'commence testing and complete the e. Determine that the risks are The Building Official.. is authorized 10
clean up procedures by the dates sufficiently reduced, according to modify the Declaration of chemical
. established in the order, the . City, its Minnesota Department of Health investigation site public health nuisance. '
officials, employees, or agentS. will guidelines, to allow the structure to . be Such modifications or removal shall be
arrange appropriate on-site assessment reoccupied; only after the Build,ing Official has
'and Cleanup services al the owner's 3. Provide the Building Official with the determined levels of contamination are
~xpense. identity of the environmental hazard sufficiently reducedtl)rough remediation
(E) That the owner is responsible for all testing and cleaning finn with whom the to warrant modification or remova] of Ihe
fOsts associated with - the on-site owner has contracted, for remediation of declarati(m. The Building Official may rely
assessment and dean up of the site the structure as described above; and on information from competent sources,
i,ncIuding aU costs Incurred by the CIty 4. Provide the Building Official with the including those supplied by the property
.00 other putlllc agencies,.and that It the contractor's plan and schedule, for owner(s) andlor others such as state and
owner does not promptty pay those cost remediation leading to removal of the local health, safety, and pollution control
. ,they will be assessed against the chemical investigation site public h~lth authorities to reach such decisions.
property and coUected in the manner 01 a nuisance declaration. Annntion DatA. Passed by the City
, special tax. (C) The property owner(s) or Council of the City o/Arden Hills on the
'660.17 SI!Irvict! of AhBtmnI!nt Order. occupant(s) may seek aUlhorizalion lor 251h day oj April, 2005.
, The Abatement Order shall be deemed to an extension of time to allow the owner to Effective. Date. This ordinance shall
be property served if' a copy thereof is consider options for arranging cleanup or become effective the day following its
dellYere(fln one of the following methods: removal of the affected parts of the publication in the City'S official
, (A) Delivered personally structure. The owner(s) or occupant(s) newspaper.
(B) Sent by certified or first class mall must show gOOd cause for any such Beverly Aplikowski, Mayor
addressed to the last know address. extension. Any extension shall be (Bulletin: May 25, 2005)
(C) ,A copy posted in a conspiCuous dependent on the owner(s) assurance -
place in or about the dwelling or area that the affected parts of the structure will
. ~ected by such order. not be occupied pending -appropriate
.650.18 Proomtv OwnRr and Or:eurumt cleanup or demolition.;,
, ~Don.lbllhv tD Act. Property (0) The owner(~), occupant(s) or their 0'<"
owner(s) and occupant(s) provided, with contractor shall provide Qocumentation of
an OwnerlOccupant Notice, which may the Cleanup and remediation, inCluding
Include the posted _ wamlng notice but not limited to follow-up environmental
Informing them about the chemical testing as deemed necessary, to the
investigation site public health nuisance, Building Official. Review and
Shall promptly act to vacate within twenty. determination of acceptable cleanup
iour (24) hours an occupants from those must be made by the Building Official
parts of a structure that area chemical prior to re-occupancy of Ihe property.
investigation site public health nuisance, 650.19 O~ner's .1~esDonslbllltv for,
Including dwellings, buildings, motor ~'ll1eownerofl:he,5ileis responsible
yehicles. trailers, bOats or other vehicles for the. costs of vacating the site and
and appliances. surrounding areas, testing, Clean-up and
,(A) In the event the property owner(s) public' expenses. Public expenses
and occupant(s) who received the include all costs that have or may be
OwnerlOccupant Notice fail to vacate incurred by the City and other, public
Parts of a structure that are a chemical agencies including but not limited 10,
investigation sile public health nuisance, costs for.
1he Building Official shall ~Qrder all (A) Emergency Response
persons to vacale, the prelJlllies.:Failure (B) Posting and physical security of site
to leave .is a .;nisdemear,of.. Where a (C) Notification of affected parties
person falls to, vacate the premises as (D) Expenses related to the recovery of
ordered by the Building Official, the City's costs, including the assessment process
Law Enforcement Agency may be. (E) Laboratory fees
. summoned to assist in vacaling the. (F) Clean-up fe,es
premises.snci issuing such citations or in (G) Administrative fees
(nBking . such arrests as may be 650.20 Recovervm Public Costs. The
necessary to comply with this subsection. City IS authorizE!d under Minnesota
(B) Except as hereinafter provided, Statutes 463 to proceed wilhin len (10)
,~usiness days after mailing of