(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 to 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. Where the Director of Public Safety determines that an 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 this chapter, 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 the law enforcement authorities or the Director of Public Safety is hereby declared to be a public health nuisance. Upon identification of such a nuisance, the Director of Public Safety shall issue an order to abate the public health nuisance.
(c) Notice of Public Health Nuisance to Concerned Parties. Upon receipt of the notification by law enforcement authorities, the Director of Public Safety 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 Director of Public Safety 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 City of Vermilion Police Department;
(4) The primary mortgage holder; and
(5) Other federal, state and local authorities, and City Council members which are known to have public and environmental responsibilities that are applicable to the situation.
(d) Property Owner’s Responsibility to Act. Immediately upon receipt or posting of the Declaration of Public Health Nuisance or notification from the Director of Public Safety, whichever shall occur first, the owner of the property of the clandestine drug lab site shall:
(1) Cause the immediate evacuation 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 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 City shall promulgate criteria for the assessment and remediation process.
(3) Provide the Director of Public Safety 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 assessments within ninety (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 and testing of the site. In addition, the owner shall be responsible for all costs expended by the City, not limited to: time spent posting the property, notifying the owner(s), inspections, etc.
(f) City Responsibilities and Recovery of Public Costs. If the City is unable to locate the property owner within fourteen (14) days or the property owner fails to arrange appropriate assessment and clean-up pursuant to the rules and regulations within fourteen (14) days, the Director of Public Safety is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. The City may abate the nuisance by removing the hazardous structure or building if removal is more cost effective than clean-up. All costs shall be certified to the taxes for the parcel as a lien. (Ord. 2017-20. Passed 5-15-17.)