2008-07-23 CC Agenda & Work Session

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. , (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the City Building Official or designee or as otherwise authorized by this subchapter. (B) To confirm compliance with this subchapter and to execute their duties under this subchapter, law enforcement officers, the City Building Official or designee, and any persons designated by the Building Official or designee may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.59 REMOVAL OF PERSONAL PROPERTY FROM THE SITE. (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the City Building Official or designee. (B) Consent to remove personal property shall only be granted at the reasonable discretion of the Building Official or designee, and only in cases of hardship after: (I) A city-approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (2) The owner ofthe personal property agrees in writing: ( a) That the owner is aware of the danger of using the contaminated property; (b) That the owner will thoroughly clean the property to remove all contamination prior to the use of the property; and (c) That the owner releases and agrees to indemnify the city, its staff and the City Council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property. (Ord. 77, passed 12-10-2003) ~ 91.60 CITY COUNCIL REVIEWIRIGHT TO APPEAL. n1"n