(a) Definitions.
(1) “Clandestine drug lab” means the unlawful manufacture or attempt to manufacture controlled substances. Only those labs which law enforcement determines may contain contamination and/or hazardous materials that could be harmful to the occupants are subject to this section.
(2) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through V of ORC Section 3719.41.
(3) “Hazardous wastes or materials” mean waste generated from a clandestine drug lab. Such wastes or materials shall be treated, stored, transported, or disposed of in a manner consistent with all federal, state, and local regulations.
(4) Manufacture, in places other than a pharmacy or licensed pharmaceutical manufacturing facility, means and includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.
(5) Motor vehicles shall have the same meaning as ORC Section 4501.01.
(6) “Owner” means any person, firm, or corporation who owns, in whole or in part, the land, buildings, motor vehicles, or structures associated with clandestine drug lab.
(b) Owner’s Responsibility. Any owner of premises, associated with a clandestine drug lab is liable to the City for cleanup services rendered by the City, its agents, employees, and assigns. The costs of such services shall be paid by the owner where cleanup action is required to protect the public health or safety or the environment. The Police Chief shall keep a detailed record of costs for such services in investigating, containing, mitigating, minimizing, removing, or abating the clandestine drug lab and its contents. Promptly after completion of any such services, the Police Chief shall certify those costs to the Director of Law and shall request that a civil action against the owner be brought to recover all cleanup costs. Not less than thirty days before bringing the civil action, such counsel shall submit a written itemized claim for the total certified costs incurred by the City and written notice that unless the amount is paid to the City within thirty days after mailing of the claim, counsel will bring a civil action for that amount.
(c) Public Nuisance.
(1) Any clandestine drug lab site identified by law enforcement is hereby declared to be a public health nuisance. Upon identification of such a nuisance, the law enforcement authorities shall notify the appropriate health department and building officials.
(2) Each owner associated with a clandestine drug lab shall be subject to all other civil criminal penalties for nuisance violations permitted by law.
(Ord. 18-2012. Passed 2-9-12.)