(A) General provisions.
(1) Purpose and intent. The purpose of this section is to reduce public exposure to health risks where trained law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such 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, now and in the future.
(2) Interpretation and application.
(a) The provisions of this section shall be construed to protect the public health, safety and welfare.
(b) Where the conditions imposed by any provision of this section are either more or less restrictive 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 shall prevail.
(c) Should any court of competent jurisdiction declare any section or subpart of this section to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.
(3) Definitions. As used in this section:
CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.
CHILD. Any person less than 18 years of age.
CLANDESTINE DRUG LAB. The unlawful manufacture or attempt to manufacture controlled substances. Only those labs which law enforcement determine may contain residual contamination that could be harmful to the occupants are subject to this section.
CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A CLANDESTINE DRUG LAB SITE may include residential, commercial, industrial or institutional structures, accessory buildings, accessory structures, motor vehicles, a chemical dumpsite or any land.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in Schedules I through V of R.C. § 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
HAZARDOUS WASTES. Waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with all federal, state and local regulations.
MANUFACTURE. In places other than a pharmacy or a licensed pharmaceutical manufacturing facility, includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.
MOTOR VEHICLES. Shall have the same meaning as in R.C. § 4501.01.
OWNER. Any person, firm or corporation who owns, in whole or in part, the land, buildings, or structures associated with a clandestine drug lab site or chemical dumpsite.
PUBLIC NUISANCE. Includes all residential, commercial, industrial or institutional structures, accessory structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(B) Administration.
(1) Law enforcement notice to other authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site 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 City Manager/Safety Director 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 recovered pursuant to division (6)(d) of this section, without regard to whether a nuisance is declared or an abatement order is issued.
(2) Declaration 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 law enforcement authorities shall notify the City Manager/Safety Director and the Chief Code Official or designee.
(3) Notice of public nuisance to concerned parties. Upon receipt of the notification by law enforcement authorities, the Chief Code Official or designee shall promptly issue a declaration of public nuisance for the affected property and post a copy of the declaration at the probable entrance to the dwelling or property. The Chief Code Official or designee shall also notify the owner of the property by mail and notify the following parties:
(a) Occupants of the property;
(b) All adjacent property owners and any other neighbors at probable risk;
(c) The Division of Police;
(d) The primary mortgage holder; and
(e) Other federal, state and local authorities which are known to have public and environmental protection responsibilities that are applicable to the situation.
(4) Property owner's responsibility to act. The Chief Code Official or designee shall also issue an order to abate the public nuisance as provided in this section and order the owner of the property to do the following:
(a) 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;
(b) 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;
(c) Provide the Chief Code Official or designee 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 within 90 days from the date of the declaration of public nuisance.
(5) 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.
(6) City responsibilities and recovery of public costs.
(a) If, after service of notice of the declaration of public nuisance, the property owner fails to arrange appropriate assessment and clean-up as provided herein, the Chief Code Official or designee is authorized to proceed in a prompt manner to initiate the onsite assessment and clean-up.
(b) If the city is unable to locate the property owner within 14 days of the declaration of public nuisance, the city is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(c) The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to this chapter.
(d) 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 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.
(7) Authority of Chief Code Official or designee to modify or remove declaration of public nuisance.
(a) The Chief Code Official or designee is authorized to modify the declaration conditions or remove the declaration of public nuisance.
(b) 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.
(c) Nothing herein shall prevent the Chief Code Official or designee from pursuing any remedy available pursuant to Codified Ordinances, including the demolition of a building or structure.
(C) Disclosure to buyers and occupants.
(1) No person shall sell or lease real property, which has been the subject of a declaration of a public nuisance pursuant to this section or has been the site of a known clandestine drug lab without disclosing such declaration or knowledge to the buyer or tenant. Said disclosure shall be made on a form provided by the Chief Code Official or designee.
(2) Disclosure shall not be required once the Chief Code Official or designee has removed the declaration of public nuisance from the property.
(D) Miscellaneous provisions.
(1) The Chief Code Official or designee, with the advice of the Division of Police and the City Manager/Safety Director shall have the authority to promulgate any rules and regulations to enforce this section.
(2) In the event that the state or federal government promulgates cleanup guidelines that are more stringent or that preempt local regulation, its clean-up guidelines shall prevail.
(E) Appeals. Any person adversely affected by any order of the Chief Code Official or designee or Safety Services Director pursuant to this chapter may request a hearing on the matter by following the appeals procedure set forth in Section 111 of the International Property Maintenance Code.
(F) Violations and penalties. Any person violating any provision of this chapter shall be guilty of a first degree misdemeanor and, upon conviction, shall be fined not less than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.
(Ord. 22-2021, passed 5-11-21)