A. Upon discovery that an owner's property is, or has been, a location for methamphetamine production, prior to occupancy of the property and after the removal of methamphetamine production materials and equipment by law enforcement, the property owner shall retain the services of a qualified contractor who is experienced in hazardous waste removal and remediation to assess the level of contamination, if any, within the property and provide a written report documenting such level of contamination. At a minimum, in order to be deemed qualified such contractor shall have completed forty (40) hours of hazardous waste operation and emergency response training pursuant to 29 CFR 1910.120 and shall have received certification pursuant to this training. The owner shall obtain a copy of the contractor's 29 CFR 1910.120 certification before allowing the contractor to begin the assessment.
B. If, upon the completion of the assessment, the contractor determines:
1. The level of contamination does not exceed the acceptable contamination levels, as defined in section 5-9-6 of this chapter, the owner shall then require the contractor to prepare a final report as prescribed in section 5-9-8 of this chapter. Once the final report is prepared and delivered to the owner, the owner shall remove the notice to the public as described in section 5-9-4 of this chapter. A copy of the final report shall be delivered to the police chief and city manager. Upon receipt of the final report by the police chief and city manager, the real property may be occupied.
2. The level of contamination exceeds the acceptable levels as defined in section 5-9-6 of this chapter, the owner shall not allow use of the property for human habitation until a qualified contractor as such term is defined in subsection A of this section, has: a) cleaned up, removed and remediated any contamination from the property according to the standards of section 5-9-6 of this chapter; and b) conducted another assessment which shows that contamination levels are acceptable pursuant to section 5-9-6 of this chapter; and c) the contractor has prepared a final report certifying that the contamination levels are acceptable as prescribed in section 5-9-6 of this chapter. Once the final report is prepared and delivered to the owner, the owner shall remove the notice to the public as described in section 5-9-4 of this chapter. A copy of the final report shall be delivered to the police chief and city manager. Upon receipt of the final report by the police chief and city manager the real property may be occupied. (Ord. 2013-01, 2-12-2013, eff. 4-1-2013)