(A) Generally. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site, the city will contact the appropriate county, and they must inspect the site. The county may then promptly issue a permanent declaration of public health nuisance and a “Do Not Enter-Unsafe to Occupy Order” for the affected site to replace the temporary declaration. A copy of the permanent declaration and order must be posted on all doorway entrances to the site or, in the case of bare land, in several conspicuous places on the property.
(B) Abatement order. After issuing the permanent declaration, the city must send written notice to the site owner ordering abatement of the public health nuisance. The abatement order must include the following:
(1) A copy of the declaration of public health nuisance and “Do Not Enter-Unsafe to Occupy Order”;
(2) Information about the potentially hazardous condition of the site;
(3) A summary of the site owner’s and occupant’s responsibilities under this subchapter; and
(4) Information that may help the owner locate appropriate services necessary to abate the public health nuisance.
(C) Notice to other parties. The city must also mail a copy of the permanent declaration of public health nuisance and a copy of this section to the following parties at their last known addresses:
(1) Occupants or residents of the site if known;
(2) Neighbors in proximity to the site who may be affected by the conditions found;
(3) The appropriate enforcement division of the United States Drug Enforcement Administration; and
(4) Other city, state, and local authorities, such as the city Public Works Department, the State Pollution Control Agency, the State Department of Health, and the Department of Natural Resources, that are known to have public and environmental protection responsibilities applicable to the situation.
(D) Modification or removal of declaration. The city may modify or remove the declaration of public health nuisance after the city receives documentation from a city-approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration.
(Prior Code, § 131.41)