(A) General provisions.
(1) Purpose and intent. The purpose of this section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(2) Interpretation and application.
(a) In their interpretation and application, the provisions of this section shall be construed to protect the public health, safety, and welfare.
(b) Where the conditions imposed by any provision of this section are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(c) Should any court of competent jurisdiction declare any section or division of this section to be invalid, such decision shall not affect the validity of the section as a whole or any part thereof, other than the provision declared invalid.
(3) Fees. Fees for the administration of this section may be established and amended periodically by resolution or ordinance of the City Council.
(4) Definitions. For the purposes of this section, the following terms or words shall be interpreted as follows:
CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials used in a clandestine drug lab has been located.
CHILD. Any person less than 18 years of age.
CLANDESTINE DRUG LAB. The unlawful manufacture or attempt to manufacture controlled substances.
CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dumpsite or any land.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in M.S. § 152.02 schedules I through V as it may be amended from time to time. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
HOUSEHOLD HAZARDOUS WASTES. Waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control, and Isanti County Health Department rules and regulations.
MANUFACTURE. In places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs.
OWNER. Any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite.
PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance.
(B) Administration.
(1) Law enforcement notice to other authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found.
(2) Declaration of property as a public health nuisance. If law enforcement determines the existence of a clandestine drug lab site or chemical dumpsite, the property shall be declared a public health nuisance.
(3) Notice of public health nuisance to concerned parties. Upon notification by law enforcement authorities, the City Administrator, or his/her designee, shall promptly issue a declaration of public health notice for the affected property and post a copy of the declaration at the probable entrance to the dwelling or property. The Administrator shall also notify the owner of the property by mail and notify the following parties:
(a) Occupants of the property;
(b) Neighbors at probable risk;
(c) The City of Braham Police Department; and
(d) Other state and local authorities, such as MPCA and MDH, that are known to have public and environmental protection responsibilities that are applicable to the situation.
(4) Property owner's responsibility to act. The City Administrator, or his/her designee, shall also issue an order to abate the public health nuisance, including the following:
(a) Immediately vacate those portions of the property, including building or structure interiors that may place the occupants or visitors at risk;
(b) Promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall notify the city of actions taken and reach an agreement with the city on the clean-up schedule. The city shall consider practical limitations and the availability of contractors in approving the schedule for cleanup; and
(c) Provide written documentation of the clean-up process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with the Minnesota Department of Health guidelines.
(5) Property owner's responsibility for costs. The property owner shall be responsible for all costs of vacation or cleanup of the site, including contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dumpsite cleanup. Public costs may include, but are not limited to:
(a) Posting of the site;
(b) Notification of the affected parties;
(c) Expenses related to the recovery of costs, including the assessment process;
(d) Laboratory fees;
(e) Clean-up services;
(f) Administrative fees; and
(g) Other associated costs.
(6) Recovery of public costs.
(a) If, after service of notice of the declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean-up, the City Administrator, or his/her designee, is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(b) If the city is unable to locate the property owner within ten days of the declaration of public health nuisance, the city is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(c) The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to M.S. Chapter 463, as it may be amended from time to time.
(d) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all costs plus an additional 25% of the costs for administration. The city may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special assessment against the property in the manner as taxes and special assessments are certified and collected pursuant to M.S. § 429.101, as it may be amended from time to time.
(7) Authority to modify or remove declaration of public health nuisance.
(a) The City Administrator, or his/her designee, is authorized to modify the declaration conditions or remove the declaration of public health nuisance.
(b) Such modifications or removal of the declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling.
(C) Violations and penalties. Any person violating any provisions of this section is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in M.S. § 609.02, subd. 3, as it may be amended from time to time.
(Ord. 300, passed 6-7-2022)