1. Whenever any portion of a building, structure, vehicle or home has been used as part of a clandestine laboratory/grow operation as in the making, manufacturing or “cooking” of methamphetamine or any other controlled substance as defined within Code of Iowa Chapter 124, as determined by the Hiawatha Police Department, other State or federal law enforcement agency and/or certified peace officer having jurisdiction within the Hiawatha City limits, those portions of buildings or structures shall be deemed a nuisance.
A. If the entire building or structure is declared to be a nuisance under this chapter, it shall be vacated, placarded, and remain abandoned until the following conditions are met:
(1) The owner or landlord shall apply to the City Building Department for a permit to abate the nuisance. No abatement work on the property shall begin until such permit is issued by the City. Permit applications will be given priority by City Officials to expedite abatement, and any delays caused solely by the City will not be held against the property owner.
(2) The owner or landlord, at his or her own expense, shall provide certification from an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist that the known hazardous substances associated with a clandestine laboratory/grow operation process have been eliminated or reduced to the point that it is again safe to occupy the structure prior to the issuance of a new certificate of occupancy.
B. If a portion of a building or structure is declared to be a nuisance under this chapter, that portion will be placarded, vacated and remain abandoned until the conditions of paragraph 52.02(1)(A) are met. Those portions of the building or structure shall be tested by an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist as set forth in subsections 52.02(2–4). All other portions of the building or structure where other residents, tenants, and/or businesses or individuals are located will be placarded with the following notice:
YOU ARE HEREBY NOTIFIED:
The City of Hiawatha has identified and declared a portion of this building or structure to be a nuisance pursuant to Hiawatha Code Chapter 52, Clandestine Laboratory/Grow Operation. The Owner/Landlord has 72 hours to test the portions of the building or structure declared to be a nuisance for the presence of hazardous substances. Portions of the building or structure that share common walls, floors, ceilings, and heating and/or cooling systems are also required to be tested. The Owner/Landlord will have 30 days to abate the nuisance from all portions of the building so affected.
If you have questions or concerns, please contact your landlord, the Hiawatha Police Department at (319) 393-1212, or the Hiawatha City Building Department at (319) 393-1515.
C. If a vehicle is declared to be a nuisance under this chapter, it will be vacated, placarded, and impounded at the owner’s expense, leaving the contents of the vehicle intact, except for items collected as evidence, or items identified by law enforcement as being a hazardous substance in need of immediate removal. The vehicle shall remain vacated and placarded until the owner, at his or her own expense, shall provide certification from an ABIH Certified Industrial Hygienist that the known hazardous substances associated with a clandestine laboratory/grow operation process have been eliminated or reduced to the point that it is again safe to occupy the vehicle.
2. The amount of methamphetamine residue, including the residue of precursor chemicals, present in the building, structure, or vehicle shall be no more than 0.1 micrograms per 100 square centimeters or less prior to the issuance of a new certificate of occupancy.
A. Inspection and testing shall be done in each room of a single dwelling unit and shall include basement, attic areas, attached garage and heat and cooling duct systems.
B. Inspection and testing shall be done in the passenger compartment, enclosed trunk area, and heat and cooling system of vehicles.
C. Inspection and testing of structures other than dwelling units and exterior property areas shall be determined case by case based on the locations of hazardous substance storage, use, or disposal.
D. Test sampling shall be performed in accordance with EPA Standard Operating Procedures 2001 and 2011.
E. Cleanup and disposal of properties, items, materials, or chemicals shall be done in compliance with all applicable State and federal standards and procedures, including personnel safety procedures.
3. Any time a garage that is attached to and/or shares a common access point to living quarters is used from a clandestine laboratory/grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within Code of Iowa Chapter 124, the garage and living quarters will be deemed abandoned and unsafe until such time as the requirements of paragraph 52.02(1)(A) are met.
4. Any time a clandestine laboratory/grow operation is found in a multi-unit building or structure, including a motel/hotel, inspection and testing shall take place in the adjacent units that share a common wall or floor/ceiling with the clandestine laboratory/grow operation. Additionally, testing will take place in any/all units sharing a common heating or cooling system with the clandestine laboratory/grow operation. Testing shall be completed within 72 hours of the posting of the original placard. Abatement shall be completed within 30 days of the posting of the original placard.
A. Inspection and testing of adjacent units will be confined to rooms sharing the common wall or floor/ceiling unless test results show the presence of a hazardous substance. Inspection and testing will continue to expand to adjacent rooms, buildings or structures until such time that adjacent buildings and structures are in compliance with paragraph 52.02(1)(A).
B. If the inspection and test results indicate that an adjacent unit is contaminated by hazardous substances, it too shall be placarded to preclude occupancy until it can be brought into compliance.
5. A placard shall contain a nuisance abatement notice directed to the owner of the building, structure, or vehicle to which it is attached. The notice shall state:
The City of Hiawatha has identified and declared [this building or structure] [portions of this building or structure] [this vehicle] to be a nuisance pursuant to Hiawatha Code Chapter 52, Clandestine Laboratory/Grow Operation. You have 72 hours to test for the presence of hazardous substances. Any portions of the building or structure that share common walls, floors, ceilings, and heating and/or cooling systems with the affected areas are also required to be tested. You have 30 days to abate the nuisance from [this building or structure] [all portions of the building or structure] [the vehicle] so affected.
If you have questions or concerns, please contact the Hiawatha Police Department at (319) 393-1212, or the Hiawatha City Building Department at (319) 393-1515.