Section
98.01 General provisions
98.02 Definitions
98.03 Declaration of site and contents as a public health nuisance
98.04 Law enforcement action
98.05 Seizure of property
98.06 Action by city building official
98.07 Site owner’s responsibility to act
98.08 Site owner’s responsibility for costs
98.09 City action and recovery of costs
98.10 Recovery of costs from persons causing damage
98.11 Site owner and address
98.12 Suspension of residential rental license
98.13 Authorized removal of postings
98.14 Entry into or onto site
98.15 Removal of personal property from the site
(A) Purpose and intent.
(1) The purpose of this chapter is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dumpsite may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures.
(2) The City Council finds that the sites, and the personal property within the 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 or using or being exposed to contaminated personal property.
(B) Interpretation and application.
(1) In the interpretation and application of this chapter, the provisions herein shall be construed to protect the public health, safety and welfare.
(2) Where the conditions imposed by any provision of this chapter are either more or less restrictive to the public 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 on the public shall prevail.
(3) Should any court of competent jurisdiction declare any section or division of this chapter to be invalid, the decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.
(Ord. 2005-01, passed 5-23-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD. Any person less than 18 years of age.
CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.
CITY. The City of Harris, Minnesota.
CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance.
CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. A CLANDESTINE DRUG LAB SITE may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location.
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in M.S. § 152.02, Schedules I through V, as they may be amended from time to time, together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
HOUSEHOLD HAZARDOUS WASTE. Waste generated from a clandestine drug lab operation.
MANUFACTURE, IN PLACES OTHER THAN A PHARMACY. Includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling of drugs.
OWNER. Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site.
(Ord. 2005-01, passed 5-23-2005)
All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance.
(Ord. 2005-01, passed 5-23-2005)
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