1. Whenever any portion of a building, structure, or vehicle has been used as part of a clandestine laboratory or grow operation as in the making, manufacturing, or “cooking” of methamphetamine or any other controlled substance as defined within Chapter 124 of the Code of Iowa, as determined by the Manchester Police Department, other law enforcement agency, and/or certified peace officer having jurisdiction within the City limits, the building, structure, or vehicle shall be deemed a nuisance in a state of emergency pursuant to Section 50.06(4) of this Code of Ordinances and declared a “dangerous building” or a “dangerous vehicle” and shall be placarded and vacated and shall remain abandoned and unsafe until the following conditions are met:
A. Any owner or landlord that has a building or structure meeting the above criteria as defined in subsection 1 of this section shall provide certification, at the owner’s or landlord’s expense, from an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist that the known hazardous substance associated with a clandestine laboratory or grow operation process, including (but not limited to) chemicals, chemical residues, mold, fungus, and/or other toxins, have been reduced or eliminated to the point that it is again safe to occupy the structure prior to the issuance of a new certificate of occupancy.
B. Any identified “dangerous vehicle” shall be vacated 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.
C. Any owner of a vehicle meeting the above criteria, as defined in subsection 1, shall provide certification, at the owner’s expense, from an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist that the known hazards associated with a clandestine laboratory or grow operation process, including (but not limited to) chemicals, chemical residues, mold, fungus, and/or other toxins, have been reduced or eliminated to the point that it is again safe to occupy the vehicle prior to the release of the vehicle from impound.
D. In the event that it is determined that a clandestine laboratory or grow operation is present within a structure, building, or motorized vehicle, certified clandestine laboratory personnel shall collect evidence and provide, as deemed appropriate by the Manchester Police Department, other law enforcement agency, and/or certified peace officer having jurisdiction within the City limits, for cleanup all hazardous substances within the structure, building, or motorized vehicle. All hazardous substances shall be taken to a safe location for storage and/or disposal. The responsible party may be responsible for all expenses incurred by the City and may be billed by the City for all expenses associated with the cost of the cleanup. If the bill for those services is not paid within (30) days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the Police Chief shall report to the City Manager and they may seek assistance from other governmental agencies and/or programs.
2. The amount of methamphetamine residue (for purposes of this section, “methamphetamine residue” includes chemicals used in the making of the drug known as meth) present in the vehicle, building, or structure 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 or 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 duct 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 is attached to and/or shares a common access point to the living quarters used for a clandestine laboratory or grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance, as defined within Chapter 124 of the Code of Iowa, the garage and living quarters will be deemed abandoned and unsafe until such time as the requirements of subsection (1)(A) are met.
4. Any time a motel/hotel room is used for clandestine laboratory or grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within Chapter 124 of the Code of Iowa, that room will be considered abandoned and unsafe and will not be allowed to be occupied until such time as the requirements of subsection (1)(A) of this section are met.
5. Any time a clandestine laboratory or 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 surrounding the dangerous building that share a common wall or floor/ceiling. Additionally, testing will take place in any/all units sharing a common heating or cooling system with the dangerous building. Testing shall be completed within 60 days of the posting of the original dangerous building.
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 subsection (1)(A) of this section.
B. If the inspection and test results indicate that an adjacent unit meets the definition of a hazardous building, such unit shall also be placarded for occupancy until it can be brought into compliance.
6. A placard shall contain a nuisance abatement notice directed to the owner of the dangerous building or dangerous vehicle to which it is attached. The notice shall be as required by Section 50.06 of this Code of Ordinances. The cost of inspection and testing are a part of the costs of abatement and shall be charged to and collected from the owner of the dangerous building or dangerous vehicle that is the subject of a nuisance abatement notice.