(a) Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that place neighbors, visiting public, or present or future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions shall promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found.
(b) Declaration of Property as a Public Health Nuisance. Any clandestine drug lab site or chemical dumpsite identified by law enforcement authorities is hereby declared to be a public health nuisance. Upon identification of such a nuisance, the law enforcement authorities shall notify the Kent City Health Commissioner.
(c) Notice of Public Health Nuisance to Concerned Parties. Upon receipt of the notification by law enforcement authorities, the Kent City Health Commissioner shall promptly issue a Declaration of Public Health Nuisance for the affected property and post a copy of the Declaration at the probable entrance to the dwelling or property. The Kent City Health Commissioner shall also notify the owner of the property of the nuisance by mail and notify the following parties:
(1) Occupants of the property;
(2) Neighbors at probable risk;
(3) The City of Kent Police Department;
(4) Other federal, state and local authorities, which are known to have public and environmental protection responsibilities that are applicable to the situation; and
(5) The City of Kent Fire Department.
(d) Property Owner's Responsibility to Act. The Kent City Health Commissioner shall also issue an order to abate the public health nuisance, which shall 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. The City shall promulgate criteria for the assessment and remediation process. The property owner shall provide a copy of contract to the Kent City Health Commissioner within fourteen (14) days from the date of the Declaration of Public Health Nuisance. The property owner shall notify the Kent City Health Commissioner of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up.
(3) Provide the Kent City Health 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.
(e) Property Owner's Responsibility for Costs. The property owner shall be responsible for all costs of vacation or clean-up of the site, including any contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dumpsite clean-up. Public costs may include, but are not limited to costs incurred by the City of Kent for:
(1) Costs expended by the police department identifying the clandestine drug lab or chemical dumpsite, including the collection and testing of evidence, use of specialized equipment;
(2) Posting of notices at the site;
(3) Notification of affected parties;
(4) Expenses related to the recovery of costs, including the assessment process;
(5) Laboratory fees;
(6) Clean-up services;
(7) Administrative fees; and
(8) Other associated costs.
(f) City Responsibilities and Recovery of Public Costs.
(1) If, after service of notice of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up within forty five (45) days from the date of the Declaration of Public Health Nuisance, the Kent City Health 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 (14) 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 clean-up.
(3) The City may abate the nuisance by Removing the hazardous structure or building, or otherwise, according to Chapter 1373
of the Codified Ordinances or Section 715.26 of the Ohio Revised Code.
(4) The City shall be entitled to recover all costs of detection and abatement of the public nuisance plus an additional twenty five percent (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 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. Any costs recovered pursuant to paragraph (e)(1) of this section shall be deposited in the City Fund that advanced the costs for the City and all other costs recovered shall be deposited in the City's General Fund.
(g) Authority of Kent City Health Commissioner to Modify or Remove Declaration of Public Health Nuisance.
(1) The Kent City Health Commissioner is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance.
(2) Such 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.
(3) Nothing herein shall prevent the Kent City Health Commissioner from pursuing any remedy available pursuant to Chapter 1373
of the Codified Ordinances, including the demolition of a building or structure.
(Ord. 2009-80. Passed 7-15-09).