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2003-06-03 P & Z Agenda
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2003-06-03 P & Z Agenda
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<br />8. Legal fees; and <br />9. Other associated costs <br /> <br />Section 9. City Action and Recovery of Costs. <br /> <br />1. If the building owner fails to comply with any of the requirements of this <br />ordinance, the City Building Official is authorized to take all reasonable actions <br />necessary to abate the public health nuisance including, but not limited to, <br />contracting with a City approved environmental hazard testing and cleaning firm <br />to conduct the work outlined in Section 7 of this ordinance. <br /> <br />The Building Official is also authorized to provide a copy of the declaration of <br />public health nuisance to the lien and/or mortgage holders of the affected site to <br />help assure that persons with interest in the site have access to information about <br />the declaration of public health nuisance. <br /> <br />2. If the costs to clean the site or to clean the personal property at the site are <br />prohibitively high in relation to the value of the site or the personal property, the <br />City is authorized to remove or demolish the site, structure or building and/or <br />dispose of the personal property therein. These actions shall be taken in <br />accordance with the provisions of Minnesota Statute Chapter 463 together with <br />any amendments or modifications thereto. <br /> <br />3. If the City abates the public health nuisance, in addition to any other legal <br />remedy, the City shall be entitled to recover all of its out of pocket costs plus an <br />additional 25 percent of such costs for administrative and legal expense. The City <br />may recover costs by civil action against the owner of the site or by assessing <br />such costs as a special charge against the site as taxes and special assessments are <br />certified and collected pursuant to Minnesota Statute 9 429.101 or according to <br />the provisions of Minnesota Statute Chapter 463 together with any amendments <br />or modifications thereto. <br /> <br />Section 10. Recovery of Costs from Persons Causinl! Damal!e. <br /> <br />No provisions of this ordinance are intended to limit the site owner's, residents' or the <br />City's right to recover costs incurred under tIlls article from either the persons <br />contributing to the public health nuisance, such as the operators of the clandestine drug <br />lab, and/or from other lawful sources. <br /> <br />Section 11. Site Owner and Address. <br /> <br />When the site is real property and the owner or the address of the owner of the site is <br />unknown, the owner and the owner's address is deemed to be that of the property's <br />taxpayer's name and address as that information is maintained by the County Auditor's <br />Office. When the site is a vehicle, boat or trailer and the owner or the address of the <br />owner of the site is unknown, the owner and the owner's address is deemed to be that of <br /> <br />Page 70f9 <br />
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