244.275. - Tenant to be notified of environmental contamination testing, abatement, removal or remediation in designated sites.
(a) For the purpose of this section, a "designated site" shall mean a defined area of the City of Minneapolis that has been or shall in the future be designated by the United States Environmental Protection Agency, the Minnesota Pollution Control Agency, or other related or appropriate governmental agency for testing, abatement, removal and/or remediation of environmental contamination from residential properties.
(b) Upon the establishment of any qualifying designated site, the director of regulatory services or the director's designee shall provide written notice to any person holding a license issued pursuant this Title of the establishment of the designated site and the duties and requirements imposed pursuant to this section. Any person allowing to be occupied or letting or offering to let to another for occupancy any dwelling unit located in a designated site area shall provide to the tenant or lessee copies of all written or electronic information received from the United States Environmental Protection Agency (USEPA), the Minnesota Pollution Control Agency (MPCA), or any other identified governmental agency or their agents or contractors concerning environmental contamination testing results, and any associated abatement, removal or remediation activities pertaining to the leased premises. Additionally, any such person shall facilitate, cooperate with and permit the USEPA, the MPCA, or any other identified governmental agency or their agents or contractors to perform any lawful testing, cleanup, abatement, removal or remediation activities at such property as deemed reasonable and necessary by the USEPA, the MPCA or any other identified governmental agency. Violation of this section shall constitute good cause for adverse license action pursuant to section 244.1910 or as appropriate.
(c) Information regarding environmental testing, abatement, removal or remediation required to be provided under this section shall be provided to the tenant or lessee at each of the following times:
(1) Within any reasonable time specified in any notification from the director of regulatory services or the director's designee;
(2) Within thirty (30) days of receiving new information from the USEPA, the MPCA, or other identified governmental agency or their agents or contractors; and
(3) Prior to signing a lease for the premises or prior to agreement upon a tenancy, if no lease is provided.
(d) The property owner or the owner's representative shall retain an environmental contamination notification advisory in a format prescribed by the City of Minneapolis, stating that the property owner has complied with all notification requirements under this section, the dates of compliance, and the signature of the tenant or lessee attesting to compliance. If there is a contract or lease for the tenancy, the notification advisory must be attached thereto.
(1) The property owner shall provide a copy of the environmental contamination notification advisory to the department of regulatory services upon request of the director of regulatory services or the director's designee. (2006-Or-112, § 1, 10-20-06; 2010-Or-006, § 1, 2-26-10; 2013-Or-161, § 15, 12-6-13; 2014-Or-012, § 1, 3-28-14)