(a) Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab or chemical dumpsite that present a risk of human exposure to harmful contaminants and other associated conditions shall promptly notify the appropriate municipal, child protection, and public health authorities of the site location, property owner if known, and conditions found. Where the Director of Public Safety and/or the Chief of the Division of Fire determines that an immediate threat of human exposure or injury exists, the City may conduct emergency dismantling and disposal of drug processing apparatus and/or chemicals. To the extent permitted by law, the individual or entity responsible, and/ or the owner of the property where the site is found, shall be liable to the City for its costs incurred in conducting the emergency dismantling and disposal. Such costs may be covered pursuant to subsection (f)(4) of this Section, without regard to whether a nuisance is declared or an abatement order is issued.
(b) Determination of Property as a Public Nuisance. Any clandestine drug lab site or chemical dumpsite identified by law enforcement authorities is hereby declared to be a public nuisance. Upon identification of such a nuisance, the lmv enforcement authorities shall notify the Director of Public Safety; the Chief of the Division of Fire; and the Building Commissioner.
(c) Notice of Public Nuisance to Concerned Parties. Upon receipt of the notification by law enforcement authorities, the Building Commissioner shall promptly issue a written notice of Public Nuisance for the affected property and post a copy of the written notice at the probable entrance to the dwelling or property. The Building Commissioner shall also notify the owner of the property by mail and notify the following parties:
(1) Occupants of the property;
(2) All adjacent property owners and any other neighbors at probable risk;
(3) The Division of Police;
(4) The primary mortgage holder;
(5) City Council members; and
(6) Other federal, state, and local authorities who are known to have public and environmental protection responsibilities that are applicable to the situation.
(d) Property Owner's Responsibility to Act. The Building Commissioner shall also issue an order to abate the public nuisance as provided in Codified Ordinance Chapter 1357 and order the owner of the property to do the following:
(1) Cause the immediate vacation by all occupants of those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk.
(2) 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.
(3) Provide the Building Commissioner with written documentation of the clean-up process, including a signed, written statement from the environmental testing and cleaning firm that the property is safe for human occupancy and that the clean-up was conducted. The owner shall complete the remediation and post-remediation assessment with in ninety days from the date of the written notice of Public Nuisance.
(e) Property Owner's Responsibility for Costs: The property owner shall be responsible for all costs of clean-up of the site, including any contractor's fees.
(f) City Responsibilities and Recovery of Public Costs.
(1) If, after service of the notice of the written notice of Public Nuisance, the property owner fails to arrange appropriate assessment and clean-up as provided herein, the Building Commissioner is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(2) If the City is unable to locate the property owner within fourteen days of the written notice of Public Nuisance, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(3) The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Chapter 1357 of the Codified Ordinances.
(4) The City shall be entitled to recover all costs of abatement of the public nuisance. The City may recover costs by civil action against the person or persons who own the property by assessing such costs as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to the Ohio Revised Code.
(g) Authority of Building Commissioner to Modify or Remove Written Notice of Public
Nuisance.
(1) The Building Commissioner is authorized to modify the written notice conditions or remove the written notice of Public Nuisance.
(2) Such modifications or removal of the written notice 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.
(3) Nothing herein shall prevent the Building Commissioner from pursuing any remedy available pursuant to Chapter 1357 of the Codified Ordinances, including the demolition of a building or structure.
(Ord. 2012-68. Passed 11-26-12.)