(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 contaminants 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. In the event either the Chief of Police, or his or her designee, determines that an immediate threat of human exposure or injury exists, the village 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 village for its costs incurred in conducting the emergency dismantling and disposal. It is the intention of the Village Council that costs will be assessed against the individuals or owners and/or tenants where the drug processing apparatus and/or chemicals originated. Such costs may be recovered pursuant to division (F)(4) hereof, without regard to whether a nuisance is declared or an abatement order is issued.
(B) Declaration of property as a public health nuisance. Any clandestine drug lab site or chemical dumpsite identified by law enforcement authorities is hereby declared to be a public health nuisance. Upon identification of such a nuisance, the law enforcement authorities shall notify the Village Zoning Inspector.
(C) Notice of public health nuisance to concerned parties. Upon receipt of the notification by law enforcement authorities, the Village Zoning Inspector 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 Village Zoning Inspector 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 any other neighbors at probable risk;
(3) The Fire Department;
(4) The Police Department;
(5) The primary mortgage holder; and
(6) Other federal, state and local authorities, and Village Council members which are known to have public and environmental protection responsibilities that are applicable to the situation.
(D) Property owner's responsibility to act. The Village Zoning Inspector shall also issue an order to abate the public health 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 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. The village shall promulgate criteria for the assessment and remediation process.
(3) Provide the Village Zoning Inspector 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) 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) Village responsibilities and recovery of public costs.
(1) If, after service of notice of the declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean-up, the Village Zoning Inspector is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(2) If the village is unable to locate the property owner within 14 days of the declaration of public health nuisance, the village is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(3) The village may abate the nuisance by removing the hazardous structure or building, or otherwise pursuant to the codified ordinances of the village or applicable state law.
(4) The village shall be entitled to recover all costs of abatement of the public nuisance. The village 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 Village Zoning Inspector to modify or remove declaration of public health nuisance.
(1) The Village Zoning Inspector is authorized to modify the declaration conditions or remove the declaration of public health 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 Village Zoning Inspector from pursuing any remedy available pursuant to the codified ordinances of Smithville or the laws of the State of Ohio, including the demolition of a building or structure.
(Ord. 2012-9, passed 4-23-2012)