(A) General.
(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 dump site, may exist. The City Council finds that the sites may contain suspected chemicals and residues that place people, particularly children or adults of childbearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(2) Interpretation and application. In their interpretation and application, the provisions of this section shall be construed to protect the public health, safety, and welfare. 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. Should any court of competent jurisdiction declare any division or subpart of this section to be invalid, the 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 of the City Council.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHEMICAL DUMP SITE. 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, of 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 dump site, or any land.
CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor in Schedules I through V of M.S. § 152.02, 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. The wastes shall be treated, stored, transported, or disposed of in a manner consistent with the State Department of Health, the State Pollution Control, and the County Health Department rules and regulations.
MANUFACTURE. In places other than a pharmacy, and includes 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 dump site.
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 PUBLIC HEALTH NUISANCES.
(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 dump site, 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 Building Official 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 Building Official 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 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 Building Official 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 cleanup and rededication 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 cleanup 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 cleanup process, including a signed, written statement that the property is safe for human occupancy, and that the cleanup was conducted in accordance with the State 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 dump site cleanup. Public costs may include, but are not limited to:
(a) Posting of the site;
(b) Notification of affected parties;
(c) Expenses related to the recovery of costs, including the assessment process;
(d) Laboratory fees;
(e) Cleanup 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 cleanup, the City Building Official is authorized to proceed, in a prompt manner, to initiate the on-site assessment and cleanup.
(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 cleanup.
(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 the 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 Building Official is authorized to modify the declaration conditions or remove the declaration of public health nuisance.
(b) The 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.
(Ord. 221, passed 5-6-2003) Penalty, see § 130.99