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§ 131.09 RESPONSIBILITIES OF THE OWNER.
   (A)   The owner or agent of the contaminated property or contaminated site shall make sure that the property is decontaminated as required by this chapter before any of the following take place:
      (1)   Reoccupying or reusing the property;
      (2)   Allowing the property to be reoccupied or reused; or
      (3)   Transferring any interest in the property to another person.
   (B)   Within the timetable set for remediation of the violations of this chapter the owner or agent of the contaminated property or contaminated site shall:
      (1)   Make sure the contaminated property has been vacated; and
      (2)   Contract with a qualified inspector to perform the duties required in 318 I.A.C. 1-5.
   (C)   The owner of a contaminated property or contaminated site shall not decontaminate any property controlled by owner.
   (D)   If the Health Department has not been provided with any reasonable assurance or decontamination plan from the property owner or agent:
      (1)   A copy of the declaration of public health or environmental hazard will be submitted to the County Recorder’s office and may be provided to the lien and mortgage holders of the affected structure or property. Once the Health Department receives a certificate of decontamination from the qualified inspector a notice will be sent to the Recorder’s office stating compliance with 318 I.A.C. 1. Said certificate of decontamination will be sent to the lien and mortgage holders, if necessary; and
      (2)   The county may seek to decontaminate the public health environmental hazard itself and recover all costs associated with such action. Such costs may be assessed as a lien against such contaminated property or contaminated site or recovered by other actions allowed by law.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.10 RESPONSIBILITIES OF THE QUALIFIED INSPECTOR.
   (A)   The qualified inspector shall notify the Health Department at least three days in advance before inspecting a contaminated property or contaminated site.
   (B)   The qualified inspector shall notify the Health Department at least 24 hours in advance of starting the decontamination process.
   (C)   The qualified inspector shall perform such duties as required under 318 I.A.C. 1-5.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.11 THIRD PARTY VERIFICATION.
   (A)   Nothing in this section may be construed to prohibit independent third party validation of any records and analytical data relevant to the contaminated property or contaminated site as per 318 I.A.C. 1-5-10.
   (B)   Once the third party qualified inspector determines the level of chemicals used in the manufacture of methamphetamine to or below the final decontamination levels listed in 318 I.A.C. 1-5-2, a certificate of decontamination may be issued with respect to such property.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.12 HEALTH DEPARTMENT.
   The Health Officer or his or her designee is authorized to inspect any suspected contaminated property used for methamphetamine activities and to order the property owner to have the property: tested, purified, cleansed, disinfected, renewed, altered, repaired or improved. The decontamination of the property/site should include, but not be limited to: buildings/structures; excavation; sewer plumbing pipes; septic system or sewage disposal system; premises; ground; or thing in or about a dwelling or the dwelling’s lot due to the use of property for such activities.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.99 PENALTY.
   (A)   Violations.
      (1)   It shall be a violation of this chapter to fail to comply with the provisions of this chapter or of 318 I.A.C. 1.
      (2)   Each day of noncompliance shall be considered a separate violation.
   (B)   Civil penalties.
      (1)   Any person who violates this chapter shall be subject to a civil penalty of $1,000 for the first violation in any 12-month period; a civil penalty of $1,500 for a second violation in any 12 months; a civil penalty of $2,000 for a third and subsequent violation in any 12-month period.
      (2)   In addition to the civil penalties prescribed above, this division (B) may be enforced by way of court action or pursuant to any other remedy or action provided by state law or local ordinance.
      (3)   All civil penalties shall be paid to County Health Department and deposited into the County Health Department Illegal Dumping Fund established pursuant to this chapter.
(Ord. 2015-6-15, passed 6-15-2015)