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<br />. <br /> <br />. <br /> <br />. <br /> <br />Sec. 26-104. Entry into or onto site. <br />While a declaration of public health nuisance for an affected site is in effect and has been <br />posted at the site, no persons are permitted to be inside the site, or on the site property <br />without prior written consent of the city environmental administrator or as otherwise <br />authorized by this article. To confirm compliance with this article and to execute their <br />duties under this article, law enforcement officers, the city environmental administrator, <br />and any persons designated by the city environmental administrator, may enter onto the <br />site property or enter into the site at any time while a declaration of public health <br />nuisance is in effect for the site. <br /> <br />Sec. 26-105. Removal of personal property from the site. <br />While a declaration of public health nuisance for an affected site is in effect and has been <br />posted at the site, no personal property may be removed from the site without prior <br />written consent from the city environmental administrator. Consent to remove personal <br />property shall only be granted at the reasonable discretion of the city environmental <br />administrator, and only in cases of hardship after: <br /> <br />(1 ) A city approved environmental hazard testing and cleaning firm has advised <br />the city, in writing, that the item(s) of personal property can be sufficiently <br />cleaned to remove all harmful contamination; and <br /> <br />(2) The owner of the personal property agrees in writing: <br />a. That the owner is aware of the danger of using the contaminated <br />property; <br />b. That the owner will thoroughly clean the property to remove all <br />contamination before the property is used; and <br />c. That the owner releases and agrees to indemnify the city, its staff, and <br />the city council from all liability to the owner and/or third persons for <br />injuries or damages caused, or alleged to have been caused, by the <br />contaminated property. <br /> <br />Sec. 26-106. Penalties <br />Any person found to be in violation of any provision of this ordinance is guilty of a <br />misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota <br />Statute S 609.02, subd. 3. <br /> <br />Passed and adopted this 20th day of March, 2006, by the City Council of the City of Elk <br />River. This Ordinance shall take effect upon publication as provided by law. <br /> <br />ATTEST: <br /> <br /> <br /> <br />~ <br /> <br />Schmidt, City Clerk <br /> <br />8 <br /> <br />00- D5 <br />