(A) Law enforcement authorities that identify conditions associated with drug labs or properties identified herein, shall promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found.
(B) Any drug lab or property identified herein is hereby declared to be a public health nuisance. Upon identification of such a nuisance, the law enforcement authorities shall notify the appropriate building and health departments having jurisdiction over this matter.
(C) Upon receipt of the notification by law enforcement authorities, the appropriate Building or Health Department official 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 Building or Health Department official shall also notify the following parties:
(1) Occupants of the property;
(2) All adjacent property owners and any other neighbors at probable risk;
(3) The Village Police Department;
(4) The Village Fire Department;
(5) Other federal, state and local authorities, which are known to have public protection responsibilities that are applicable to the situation.
(D) After being declared a public health nuisance, the owner of the property shall: (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 the appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete cleanup and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling; (3) provide the appropriate Building or Health Department official 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 health nuisance.
(E) The property owner shall be responsible for all costs of clean-up of the site, including any contractor's fees.
(F) If, after 45 days after service of the notice of declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean-up pursuant to the rules and regulations described herein, the appropriate Building or Health Department official shall proceed in prompt manner to initiate the on-site assessment and clean-up. If the appropriate government agency is unable to identify the property owner within 14 days of the declaration of public health nuisance, then the village or other appropriate governmental agencies may proceed in prompt manner to initiate the on-site assessment and clean-up.
(G) The village shall be entitled to recover all costs of detection and abatement of the public nuisance. The village may recover costs by civil action against a 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.
(H) Whoever violates any provision of this section shall be guilty of a misdemeanor of the first degree.
(Ord. 2012-10, passed 3-21-12)