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<br />MRY -02-21303 12' 2S <br /> <br />LERGUE OF MN CITIES <br /> <br />P.16/25 <br /> <br />3. Existing City Ordinances <br /> <br />a. UnifC>ml BUilding Code <br />It is arguable that several provisions of the 1997 Unito:rm Building <br />Code could be used to authorize access, testing, and compel the <br />cleanup of contaminated structures. V srious provisions allow the <br />following: <br />i. Authorize building official to enter site.65 <br />ii. Require premises to be tested.66 <br />iii. Declare building in which lab is found to be a public <br />nuisllll.cc.67 <br />iv. Prohibit access until Structure is safe for human occupation.68 <br /> <br />b. Uniform Housing Code <br />Like the Uniform Building Code, it is a.guable that the Unifonn <br />Housing Code eould be used to achieve the cleanup of contaminated <br />housing. Various provisions of this code allow the following actions: <br />i. Enter abuilding. 69 <br />ii. Declare a building to be a nuisance. 70 <br />iii. Declare a nuisance building to be a "substandard buiJdmg.',71 <br />iv. Cause the repair, rehabilitation, vacation or demolition of the <br />building.72 <br />v. Hold landowners and/or occupants personally and financially <br />liable for violations.7J <br /> <br />c. City Nuisanc$ Ordinance. <br />d. City Zoning Otdinances prohibiting nllisances and/or blight. <br />e. City Trespass Ordinance to prohibit re-entry into structure after lab has <br />been seized and before cleanup is complete. <br />f. City licensing laws iflab is found in an apartment or other city- <br />licensed establishment. <br /> <br />C. City Ordinance Requiring Ceanup of CIllIldestine Drug Lab Sites <br />According to the Milllleoota Department of Health, as of June 2002, an estimated <br />25 counties and several cities have already begun exploring establishment of a <br />clelll1up ordinance or child protection plan. 74 The cities of Oakdale7S, Anob 16 <br />Northfield" and Olmstead County'S have already passed clandestine drug lab <br />ordinances.79 <br /> <br />1. General Objectives <br />CUI'I'CIlt Minnesota ordinances have been written with the objective of: 10 <br />a. Protecting ci~ens, law enforcement personnel and emergency <br />responders. <br />b. Achieving timely clean up of lab contamination. <br />c. Applying appropriate safety guidelines while keeping costs in cheek. <br />d. Minimi7ing lab-related harm to minors. <br /> <br />.7. <br />