2003-12-10 CC Packet - Laserfiche WebLink

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Section 8. Site Owner's ResDOnsibilitv for Costs. The site owner shall be responsible for all costs, including those of the City, of dealing with and abating the public health nuisance, including contractor's fees and the City's costs for services performed in association with the clandestine drug lab site or chemical dump site clean up. The City's cost may also include, but shall not be limited to: 1. Posting of the site; and 2. Notification of affected parties; and 3. Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; and 4. Expense related t() the recovery of costs, including the assessment process; and 5. Laboratory fees; and 6. Clean up services; and 7. Administrative fees; and 8. Legal fees; and 9. Other associated costs Section 9. City Action and Recoverv of Costs. 1. If the building owner fails to comply with any of the requirements of this ordinance, the City Building Official or designee is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a City approved environmental hazard testing and cleaning firm to conduct the work outlined in Section 7 of this ordinance. The Building Official or designee is also authorized to provide a certified copy of the declaration of public health nuisance to the lien and/or mortgage holder(s), insurance company(ies) and with the Office of the Anoka County Recorder or Registrar of Titles of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. Upon abatement of the nuisance as required herein, the Building Official shall cause a notice of successful abatement and removal of the Declaration of Public Health Nuisance. 2. If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the City is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of Minnesota Statute Chapter 463 together with any amendments or modifications thereto. 3. If the City abates or assists in abating the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all ofits out of pocket costs as set forth in Section 8 above and an additional 25 percent of such costs for administrative and legal expense. The City may recover costs by civil action Page 70fIO