1313.03  NOTICE REQUIREMENTS FOR DECLARATION OF PUBLIC HEALTH NUISANCE.
   (a)   Upon declaration of the clandestine lab site as a public health nuisance, the Chief Building Official shall place such Declaration at a conspicuous entrance of the property and deliver a copy of the Declaration via personal service or certified mail, return receipt requested, to the following parties:
      (1)    The owner(s) of the property;
      (2)    The primary mortgage holder;
      (3)    All occupants or lessees of the affected portion(s) of the property;
      (4)    All adjacent property owners, occupants, or other neighbors at probable risk;
      (5)    The City of Stow Police Department, if the department has not already been notified; and
      (6)   Any other federal, state or local authorities who are known to have public and environmental protection responsibilities applicable to the situation.
   (b)    If the Declaration of Public Health Nuisance to the owner(s) is returned as undeliverable by the USPS, the Building Official shall publish the declaration in a newspaper of general circulation in the county.  The publication shall be published at least once a week for four (4) successive weeks and shall contain the name, address and phone number of the office of the Chief Building Official, the address of the clandestine drug lab site, the name and last known address of the owner of the clandestine drug lab site, a summary statement that the building has been declared a public health nuisance pursuant to Chapter 1313 and  must be immediately vacated and remediated, and that the owner is required to contact the Building Official and comply with the Notice of Declaration within fourteen (14)  days after the publication.  Nothing herein shall prevent the City of Stow from abating the nuisance and initiating the on-site assessment and clean-up of the property pursuant to Section 1313.02(b) and (f).
   (c)    The Declaration of Public Health Nuisance shall be distributed on a form approved by the Law Department.  The notice shall include:
      (1)   The address or location of the property where the clandestine drug laboratory was identified and a description of the residually contaminated portion of the property, including the room(s), apartment(s), or unit number(s) if not the entire structure or property;
      (2)    A statement that hazardous substances and/or toxic chemicals resulting from the operation of the clandestine drug laboratory may still be present;
      (3)    A statement that no person may enter, occupy or use the clandestine drug lab site property or otherwise knowingly violate the provisions of the Declaration except to remediate the residually contaminated portion of the property in accordance with the requirements set forth in Chapter 1313;
      (4)    A statement that this Declaration may not be moved, altered, or removed from the premises until remediation has been completed and approved by the Chief Building Official;
      (5)    A statement that until remediation is complete, the owner or the owner's agent shall not sell, lease, rent, loan, assign, exchange, or otherwise transfer the property without providing notice of the existence of a clandestine drug laboratory as required by Section 1313.05;
      (6)    A statement that failure to remediate the property in accordance with the timelines set forth in Section 1313.02(d) may result in the City abating the nuisance by remediation or removal of the structure and assessing the cost pursuant to Section 1313.02(f); and
        (7)    A statement that failure to abide by the terms of the Declaration or the requirements laid out within Chapter 1313 may result in the filing of criminal charges pursuant to Section 1313.99.
         (Ord. 2013-76.  Passed 6-27-13.)