(a) Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that present a risk of human exposure to harmful contaminates and other associated conditions, shall promptly notify the appropriate municipal authority, child protection, and public health authorities of the site location, property owner if known, and conditions found. Where the Enforcing Official determines that a 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 Section 1311.03(e) through (g)(3) and 1311.99, without regard to whether a nuisance is declared or an abatement order is issued.
(b) Declaration of Property as a Public Nuisance. A clandestine drug lab site or chemical dump site identified by law enforcement authorities through currently acceptable procedures is hereby declared to be a public health hazard. Upon identification of such a hazard, the law enforcement authorities shall notify the Enforcing Official and Health Department.
(c) Notice of Public Nuisance to Concerned Parties. Upon receipt of the notification by law enforcement authorities, the Enforcing Official shall promptly issue a Declaration of Public Health Hazzard for the effected property and post a copy of the Declaration at the probable entrance to the dwelling or property. No person, other than the enforcing official or his or her duly authorized representative, shall remove, cover, alter or disfigure any Declaration of Public Health Hazard from any dwelling or property. The Enforcing Official shall also transmit a copy of the Declaration to the owner of the property by certified mail and to the following parties by regular mail or by personal service/contact if they can be located by reasonable effort:
(1) Occupants of the property;
(2) All adjacent property owners and any other neighbors at probable risk;
(3) The City of Salem Police Department;
(4) The City of Salem Fire Department;
(5) The mortgage holder;
(6) Any federal, state or local authorities with public and environmental protection responsibilities, that are applicable to the situation.
(d) Property Owner's Responsibility to Act. The Enforcing Official shall also issue an order to abate the public health hazard, which shall comply with the rules and regulations herein and order the owner of the property to do the following:
(1) In an emergency 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) Contaminated areas of the property shall be secured to prevent unauthorized access.
(3) Contract with certified/licensed environmental testing and cleaning firms, approved by the City of Salem, to conduct an on-site assessment, complete cleanup and remediation testing and follow-up testing, and determine the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall provide a copy of the contract to the City of Salem Enforcing Official within fourteen (14) days from the date of the Declaration of Public Health Hazard. The property owner shall notify the City of Salem Enforcing Official of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up not to exceed one-hundred twenty (120) days.
(4) Provide the Enforcing Official with written documentation of the clean-up process, including a written signed statement from the environmental testing and cleaning firm that the property is safe for human occupancy and that the clean-up was conducted.
(5) he owner shall complete the remediation and post remediation assessment upon release of the property by law enforcement no more than ninety (90) days from the date of the Declaration of Public Hazard.
(e) Responsibility for Costs. Upon declaration of the property as a Public Health Hazzard, the person or entity responsible and/or the property owner shall be responsible for all documented costs of vacation, clean-up and securing the site, including any contractor's fees that were performed in association with a clandestine drug lab site or chemical dump site clean-up.
(f) City Responsibilities and Recovery of Public Costs.
(1) If, after service of Notice of Declaration of Public Health Hazard, the property owner fails to arrange appropriate assessment and clean-up pursuant to the rules and regulations outlined herein, the Enforcing Official 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 (14) days of the Declaration of Public Health Hazard, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and to perform or have performed the clean-up.
(3) The City may abate the nuisance by removing the hazardous structure or building, in accordance with the Codified Ordinances of the City of Salem.
(4) The City shall be entitled to recover all costs of detection and abatement of the public hazard plus the cost for administration. The City may recover costs by civil action against the person or entity responsible, and/or the owner of record of the property, or by assessment by certifying the cost, plus a One-Hundred (100) Dollars additional fee, to the Auditor of Columbiana County, to be placed on the tax duplicate for collection as a special assessment, in accordance with the Ohio Revised Code.
(5) Action taken by the City pursuant to this Section shall not be construed as a limitation on any other remedy, criminal or otherwise available to the City.
(g) Authority of Enforcing Official to Modify or Remove Declaration of Public Nuisance.
(1) The Enforcing Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Hazard.
(2) Such modification or removal of the Declaration shall only occur after documentation from a qualified environmental or testing firm, approved by the City, stating that the health and safety risks, including those to neighbors and potential structure occupants, are sufficiently abated or corrected to allow safe occupancy of the structure.
(3) Nothing herein shall prevent the Enforcing Official from pursuing any remedies available pursuant to the Codified Ordinance of the City of Salem, including the demolition of a building or structure.
(Ord. 160816-44. Passed 10-18-16.)