(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 of human exposure to harmful 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 Mayor/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 subsection (f)(4) hereof, without regard to whether a nuisance is declared or an abatement order is issued.
(b) 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 Mayor/Safety Director and the Building, Housing and Zoning Administrator.
(c) Notice of Public Nuisance to Concerned Parties. Upon receipt of the notification by law enforcement authorities, the Building, Housing and Zoning Administrator 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 Building, Housing and Zoning Administrator shall also notify the owner of the property by mail and notify the following parties:
(1) Occupants of the property;
(2) All adjacent property owners and other neighbors at probable risk;
(3) The Chief of Police;
(4) The Mayor/Safety Director;
(5) The primary mortgage holder;
(6) Council Members; and
(7) Other federal, state and local authorities which are known to have public and environmental protection responsibilities that are applicable to the situation.
(d) Property Owners Responsibility to Act. The Building, Housing and Zoning Administrator shall also issue an order to abate the public nuisance and 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 the 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.
(3) Provide the Building, Housing and Zoning Administrator 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 of post-remediation assessment within ninety days from the date of the Declaration of Public Nuisance.
(e) 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.
(f) City Responsibilities and Recovery of Public Costs.
(1) 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 Building, Housing and Zoning Administrator 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 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.
(3) The City may abate the nuisance by removing the hazardous structure or building.
(4) The City shall be entitled to recover all costs of abatement of the pubic 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.
(g) Authority of Building, Housing and Zoning Administrator to Modify or Remove Declaration of Public Nuisance.
(1) The Building, Housing and Zoning Administrator is authorized to modify the Declaration conditions or remove the Declaration of Public 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 Building Inspector from pursuing any remedies available pursuant to the Codified Ordinances, including the demolition of a building or structure.
(Ord. 109-2012. Passed 11-13-12.)