(a) For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Box Lab shall mean any illegal methamphetamine and/or drug manufacturing laboratory that is portable, including but not limited to motor vehicles used as an illegal methamphetamine manufacturing laboratory.
(2) Certified/Licensed Environmental Testing/Cleaning Firm shall mean any testing and or cleaning firm that performs testing/cleaning in compliance with established EPA Guidelines for Methamphetamine Laboratory Cleanup and shall be certified by the National Institute of Decontamination Specialists or similar such organization and shall be approved by the City of Salem.
(3) Child shall mean any person less than 18 years of age.
(4) Chemical Site shall mean any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.
(5) Clandestine Drug Lab shall mean the unlawful manufacturing or attempt to manufacture controlled substances.
(6) Clandestine Drug Lab Site shall mean any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A clandestine Drug Lab Site may include residential, commercial, industrial or institutional structures, accessory buildings, accessory structures, motor vehicles, trailers, a chemical dump site or any land.
(7) Controlled Substance shall mean a drug, substance or immediate precursor in Schedule I through V of the Ohio Revised Code 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(8) Enforcing Official shall mean the Director of Public Service/Safety, his duly authorized representative and the Housing Inspector(s) are each individually authorized and charged with the duty to enforce the provisions of this Chapter. Such officials may act jointly or independently in performing such duties; however, each such official is specifically authorized to make such orders and take such action authorized by this Chapter for the enforcement of this Chapter as may, in the judgement of such official, be necessary for the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare of the residents of the City of Salem.
(9) Household Hazardous Wastes shall mean waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with all federal, state or local regulations.
(10) Manufacture shall mean in places other than a pharmacy or licensed pharmaceutical manufacturing facility and includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means and the packing, repacking, tableting, encapsulating, labeling, or by any other processes of controlled substances.
(11) Motor Vehicles shall have the same meaning as in Ohio Revised Code 4501.01.
(12) Owner shall mean the registered owner of the property; any person who holds legal or equitable title to the property, including by land contract whether recorded or unrecorded; is a mortgagee; a vendee-in-possession; assignee or rents; executor; trustee; lessee; agent or any other persons, firm or corporation that is directly or indirectly in control of a property. The owner of a property in default or for which a foreclosure action is pending or for which a judgement in foreclosure has been issued, shall include the mortgagee; the successor in interest to the mortgagee; the lender or servicing company; and any agent acting for the mortgagee, its successors, a lender or servicing company upon which a clandestine drug lab has operated or which is a chemical dump site.
(13) Public Nuisance shall mean and include all residential, commercial, industrial or institutional structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(14) Storage shall mean and include all residential, commercial, industrial or institutional structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazzards.
(15) Emergency Dismantling shall mean and include the dismantling or disposal of drug processing apparatus and/or chemicals once the site has been declared a public health hazard.
(16) Illegal Methamphetamine or Drug Manufacturing Laboratory has the same meaning as in Section 3745.13 of the Ohio Revised Code.
(17) Illegal Methamphetamine or Drug Manufacturing Laboratory Site shall mean any place or area where law enforcement has determined that the conditions associated with the operation of an illegal methamphetamine manufacturing laboratory include, but not limited to, the existence of an illegal methamphetamine manufacturing laboratory, a box lab, or chemical dump site or the storage of chemicals used in the production of methamphetamine. An illegal methamphetamine manufacturing laboratory may include, but not limited to dwellings, accessory buildings, accessory structures, motor vehicles or any land.
(18) Methamphetamine shall have the same meaning as in Ohio Revised Code 3745.13.
(19) Precursor shall mean any chemical reactant which takes place at any stage in the production, by whatever method, of hazardous waste.
(20) Public Health Hazard includes all residential, commercial, industrial or institutional structures, accessory structures, buildings, vehicles and property associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(21) Real Property shall include any buildings or structures located on the property.
(22) The City shall mean the City of Salem, Ohio.
(23) Transfers of Property shall mean the transfer of conveyance of any interest in real property by sale, lease, gift, or land contract.
(Ord. 160816-44. Passed 10-18-16.)