(a) 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 to human exposure of hannful contaminates 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 Safety/Service 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 Section 1543.03(e) through (g)(3), and 1543.99, without regard to whether a nuisance is declared or an abatement order is issued.
(b) Declaration of Property as a Public Nuisance. A clandestine drug lab site or chemical dumpsite identified by law enforcement authorities through currently accepted procedures is hereby declared to be a public health hazard. Upon identification of such a hazard, the law enforcement authorities shall notify the Safety/Service Director and Chief Building Official.
(c) Notice of Public Nuisance to Concemed Parties. Upon the receipt of the notification by law enforcement authorities, the Chief Building Official shall promptly issue a Declaration of Public Health Hazard for the affected property and post a copy of the Declaration at the probable entrance to the dwelling or property. The Chief Building Official shall also notify the owner of the property by certified mail and notify the following parties in writing:
(1) Occupants of the property;
(2) All adjacent property owners and any other neighbors at probable risk;
(3) The City of Lorain Police Department;
(4) The City of Lorain Fire Department;
(5) The mortgage holder;
(6) Any federal, state or local authorities and Lorain City Council members with public and environmental protection responsibilities, that are applicable to the situation.
(d) Property Owner's Responsibility to Act. The Chief Building Official shall also issue an order to abate the public health hazard, which shall comply with the rules and regulations herein and order the owner of the property to do the following:
(1) In an emergency 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) Contaminated areas of the property shall be secured to prevent unauthorized access.
(3) Contract with certified/licensed environmental testing and cleaning firms to conduct an on-site assessment, complete cleanup and remediation testing and follow-up testing, and determine the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall provide a copy of contract to the City of Lorain Chief Building Official within fourteen (14) days from the date of the Declaration of Public Health Hazard. The property owner shall notify the City of Lorain Chief Building Official of actions taken and reach an agreement with the City on the cleanup schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up not to exceed one hundred twenty (120) days.
(4) Provide the Chief Building Official with written documentation of the cleanup process, including a written, signed statement from the environmental testing and cleaning firm that the property is safe for human occupancy and that the cleanup was conducted.
(5) The owner shall complete the remediation and post-remediation assessment upon release of the property by law enforcement no more than ninety (90) days from the date of the Declaration of Public Health Hazard.
(6) In the case where the property owner is performing the cleanup, the cleanup including the disposal of rags shall be performed to currently accepted EPA Standard Practices. A narrative describing the remediation method used shall be provided to the Chief Building Official. Final testing shall be performed by a certified/licensed environmental testing firm and a copy of a signed, written statement from the environmental testing/cleaning firm that the property is safe for human occupancy shall be given to the Chief Building Official.
(e) Responsibility for Costs. Upon declaration of the property as a "Public Health Hazard", the person or entity responsible and/or the property owner shall be responsible for all documented costs of vacation, cleanup and securing 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 cleanup, including but not limited to the following costs:
(1) Costs expended by the law enforcement department identifying that the clandestine drug lab or chemical dumpsite is present at the site, including the collection and testing of evidence at the site and use of specialized equipment;
(2) Costs expended by the Fire Department neutralizing and/or containing, transporting and disposing of the clandestine drug lab or chemical dump-site, including the use of specialized equipment;
(3) Costs expended by the Building Department posting the property and notifying all entities identified in Section 1543.03(c)(l) through (6);
(4) Costs expended by the Service Department securing the property;
(5) Expenses related to the recovery of costs, including the assessment process;
(6) Laboratory fees;
(7) Cleanup services;
(8) Administrative fees and other associated costs.
(f) City Responsibilities and Recovery of Public Costs.
(1) If, after service of Notice of the Declaration of Public Health Hazard, the property owner fails to arrange appropriate assessment and cleanup pursuant to the rules and regulations outlined herein, the Chief Building Official is authorized to proceed in a prompt manner to initiate the on-site assessment and cleanup.
(2) If the City is unable to locate the property owner within fourteen (14) days of the Declaration of Public Health Hazard, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and to perform or have performed the cleanup.
(3) The City may abate the nuisance by removing the hazardous structure or building, or otherwise according to the Codified Ordinances of the City of Lorain.
(4) The City shall be entitled to recover all costs of detection and abatement of the public hazard plus the costs for administration. The City may recover costs by civil action against the person or entity responsible, and/or the owner of record of the property, or by assessing such costs as a special tax against the property in the matmer as taxes and special assessments are certified and collected pursuant to the Ohio Revised Code.
(g) Authority of Chief Building Official to Modify or Remove Declaration of Public Nuisance.
(1) The Chief Building Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Hazard.
(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 Chief Building Official from pursuing any remedies available pursuant to the Codified Ordinances of the City of Lorain, including the demolition of a building or structure.
(Ord. 20-15. Passed 2-16-15.)