521.092 DRUG LABORATORIES DECLARED A PUBLIC NUISANCE.
   (a)    Definitions. As used in this Section:
      (1)    "Drug laboratory" means any building, house, apartment, garage, outbuilding, land, motor vehicle, recreational vehicle, travel trailer or watercraft which is used in any way in the illegal manufacture of drugs; or where any person has assembled or possessed one or more chemicals used to manufacture a controlled substance under Schedule I or II in Section 3719.41 of the Revised Code with the intent to manufacture said controlled substance in violation of Ohio R.C. 2925.04.
      (2)    "Manufacture" means to plant, cultivate, harvest, process, make, prepare or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis or compounding, or any combination of the same, and includes packaging, repackaging, labeling and other activities incident to production.
      (3)    "Abate" means to dismantle a drug laboratory by removing and disposing of its components and taking reasonable steps to render the underlying building, house, apartment, garage, outbuilding, land, motor vehicle, recreational vehicle, travel trailer or watercraft reasonably safe for occupancy or use.
      (4)    "Costs of abatement" shall mean the actual cost of materials and independent contractors, consultants or experts used to abate a drug laboratory, plus an amount equal to 200% of the hourly wages of the City employees, including but not limited to police officers, fire fighters or inspectors, housing inspectors or other code enforcement officers involved in the abatement of the nuisance multiplied by the number of hours required to abate the nuisance.
   (b)    By reason of the documented and proven danger to the public health, safety and welfare which attend the existence of drug labomtories, they are hereby found and declared to be a public nuisance.
   (c)    By reason of the immediate risk posed to the public health, safety and welfare, if the City Manager, in consultation with the Chief of Police or his or her designee, or the Fire Chief or his or her designee, determines that a drug laboratory exists or has existed within the City of Ashtabula, he may utilize any available means to abate the said nuisance forthwith and without notice to the titled or registered owner of the drug laboratory.
   (d)    The owner of the drug laboratory, whether or not he, she, or in the case of a business entity, it, was actually or constructively aware of the use of property as a drug laboratory, shall be jointly and severally liable with any other responsible party or parties for all costs of abatement. In the case of real property the costs of abatement shall be assessed on the nuisance property in the same manner as in Ohio R.C. 715.281. The Manager or designee shall provide written notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least 21 days before such costs are certified to the County for assessment against the property.
   (e)    The owner of a drug laboratory who receives a notice from the Manager or designee pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Manager within 14 days of the date of the notice. If the Manager finds that the facts presented do not support the declaration of a nuisance, the Manager shall rescind the notice. Otherwise, the Manager shall deny the request and order the certification of costs of abatement as aforesaid.
   (f)    If a drug laboratory is a motor vehicle, recreational vehicle, travel trailer or watercraft, the City Manager may cause the same to be impounded until the cost of abatement is paid; and if payment is not made within 90 days the drug laboratory shall be deemed abandoned and may be disposed of according to law.
   (g)    Action taken under this section does not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of State law or the City's ordinances. (Ord. 2012-111. Passed 7-16-12.)