(A) Methamphetamine contamination of buildings or structures illegal. It is unlawful to maintain or permit the existence of a building or other structure in the city that has been used for the manufacture or storage of methamphetamine (meth), until the abatement and cleaning practices required by this section of the code have been complied with. It is also unlawful to occupy such building or structure, or to permit the same to be occupied, until the abatement has been fully completed and an occupancy permit for the same has been issued by the city’s inspector.
(B) Methamphetamine contamination abatement. Whenever a building or other structure, or definable portion thereof, is determined, by a law enforcement officer, a Health Inspector, a City Building Inspector or other public safety officer, to have been exposed to toxic chemicals from the manufacture and/or storage of methamphetamine (meth), the building, structure, or definable portion thereof, suspected to be contaminated shall be required to be vacated and to remain unoccupied until cleaned and the contamination abated in accordance with the requirements of divisions (C) and (D) of this section of the code.
(C) Methamphetamine abatement procedure. The owner(s) or other person or party having the occupancy or control of a building or other structure, or definable portion thereof, determined to be a dangerous building or structure due to meth contamination, shall be required to have performed, by persons educated and trained in the abatement of structures contaminated by methamphetamine manufacture, who have also completed the 40-hour course in hazardous waste operations and emergency response (HAZWOPER) in accordance with 29 CFR 1910.120, the following, as recommended in the Voluntary Guidelines for Methamphetamine Laboratory Cleanup published by the United States Environmental Protection Agency, before an occupancy permit to allow the occupancy and use of the same will be issued by the city’s Building Inspector:
(1) Contact the local law enforcement agency to ensure that a hazardous materials response team has removed all bulk chemicals and equipment used to make meth.
(2) Obtain permission from the City Building Inspector, as prescribed herein, to perform the remediation procedures.
(3) Ventilate the resilience before, during and after cleanup.
(4) Do not attempt to perform cleanup activities without using personal protective equipment, including gloves, long sleeves, long pants, sturdy shoes, a dust mask and protective eyewear.
(5) Remove and dispose of all upholstered furniture, mattresses, carpet, and other non-machine- washable items. These materials should be destroyed and double bagged when possible, and quickly disposed of in a landfill to prevent re-use.
(6) Remove and dispose of clothing, toys, bedding, bottles, and other personal items used by infants and toddlers. Clothing and personal items for older children and adults may be machine washed two times in hot water and detergent.
(7) Inspect appliances, wall board, ceiling tiles, and plumbing fixtures throughout the entire house. Remove and dispose of all visibly contaminated items, or any items that have an odor. Follow the disposal practices described above. If any plumbing fixtures or drains need to be flushed, removed or replaced, contact a professional.
(8) HEPA filter vacuum floors, walls, and other hard surfaces.
(9) Perform a “once-over” washing of the walls and floors with a detergent and water solution. Be sure to change the cleaning solution frequently.
(10) Clean and seal the heating, ventilation and air conditioning (HVAC) system. Do not run this system again until all of the cleanup is complete. Replace all filters in the system, including window units, after cleanup is complete.
(11) Triple wash and rinse ceilings, walls, floors, furniture and other household items that will not be discarded, with a detergent-water solution. Washing should thoroughly cover entire surfaces. Change the cleaning and rinsing solutions frequently.
(12) If sampling is to be performed, ensure all surfaces are dry before sampling.
(13) Repaint surfaces after cleaning. An oil-based, epoxy, or polyurethane primer followed by another coat of paint is recommended.
(14) Ventilate the building for three to five days after cleaning.
(15) Certify to the City Building Inspector that the prescribed cleaning has been completed.
(D) Permission from City Building Inspector. The cleaning team must receive permission from the City Building Inspector before performing the remediation, and its authorized person must acknowledge in writing that he or she recognizes the hazards of the remediation, is qualified to perform the remediation, and holds the city harmless for any injuries resulting from the remediation. That acknowledgment shall be in the following form:
ACKNOWLEDGMENT AND RELEASE
I, , hereby state that I am certified to perform remediation of a structure that has been utilized as a methamphetamine laboratory located at ________________. I am certified in OSHA HAZWOPER training, and I hold the city and its officers, agents and employees harmless in the event of property damage or personal injuries to me as a result of this remediation.
An occupancy permit shall not be issued until the authorized person also certifies in writing that he or she has complied with the requirements of this section.
(E) Notice to abate toxic contamination.
(1) Abatement notice. Whenever a law enforcement officer, Building Inspector, Health Officer, Fire Chief or Fire Marshal, or other public safety officer has reasonable grounds to believe that a building or other structure, or a definable portion thereof, may be contaminated by toxic chemicals created by meth manufacture and/or storage, he or she shall file a written statement to that effect with the city’s Chief of Police and/or the city’s Building Inspector. The Building Inspector and/or the Police Chief, or their designee, shall thereupon cause a written notice to be served upon the owner(s) of record of the building or structure, and/or the person in charge of or in control of the same, and any lien holder(s) of record, by registered mail or by personal service. The notice shall state that the toxic nuisance must be abated in accordance with the requirements of division (C) hereof, and that the premises must be immediately vacated and an occupancy permit to be issued by the city’s Building Inspector shall not be issued and the occupancy thereof may not be restored until the contamination abatement has been completed to the satisfaction of the city’s Police Chief and/or the city’s Building Inspector, or their designee.
(2) Form of abatement notice. Such notice may be in the following form:
TO: (owner/occupant/lien holders)
of the premises known and described as (or having the assigned address of) .
YOU ARE HEREBY NOTIFIED that (describe building or structure applicable thereto) the premises above mentioned has been condemned as a nuisance and a dangerous building or structure after inspection by . The cause for this decision is the manufacture and/or storage of methamphetamine causing the likely contamination of the same by toxic chemicals. You must immediately vacate the premises or cause the same to be vacated until the toxic nuisance is abated following the procedures required by division (C) of § 25-1-5 of the city’s Municipal Code (a copy of which is attached hereto), and an occupancy permit has been issued by the city’s Building Inspector to allow the building or structure to be occupied and used for occupancy. You are to clean the subject building or structure and abate the nuisance, as required by division (C) of § 25-1-5 of the city’s Municipal Code, within 60 days of date of this notice (unless you are granted an extension by the city’s
Police Chief or Building Inspector, or their designee), or the city will seek a court order allowing the city to abate the nuisance or demolish the building or structure, at the expense of the property owner.
(3) Abatement by the city. The city may abate the methamphetamine contamination or demolish the building or structure upon the granting of a court order. If the person receiving the notice has not commenced to comply therewith within 15 days from the date of the service of the notice, or has commenced compliance but is not making a reasonable effort to complete the same in the opinion of the City Council (based upon advise received from the city’s Police Chief and/or Building Inspector), the city may file suit in a court of competent jurisdiction, seeking an order allowing the city to abate the toxic nuisance or demolish the building or structure, at the expense of the property owner.
(F) Notice on doorways, penalties and utility shutoff.
(1) When reasonable grounds have been found for the presence of meth as stated herein, a notice shall be placed upon all doorways of the premises stating as follows:
THESE PREMISES ARE DECLARED TO BE CONDEMNED UNTIL FURTHER ORDER BY THE CHIEF OF POLICE. ONLY AUTHORIZED PERSONNEL MAY ENTER THE PREMISES. UNAUTHORIZED ENTRY IS A DANGER TO YOUR HEALTH
It shall be illegal for any person to enter these premises or to remove this notice without authority of the Chief of Police. Violators of this prohibition shall be subject to a one thousand dollar fine for each violation. Each day that the notice remains removed and each entry without permission shall constitute a separate violation.
(2) When a property is condemned pursuant to this code, the utility service shall be terminated and restarted on a temporary basis for authorized remediation to proceed. Utilities will be turned on when the requirements of this code for remediation have been met, including provisions relating to utilities.
(G) City’s costs recoverable from property owner. The city’s cost of toxic nuisance abatement or demolition of a dangerous building or structure due to methamphetamine contamination shall be recoverable by a property lien and/or an action at law against the property owner to be filed within 180 days after the remedial action.
(H) Public registry of city, notification by owner and occupancy permit. The Building Inspector/Code Administrator shall maintain for public inspection a registry of the owner and occupant of a structure or building contaminated with methamphetamine, indicating whether the structure or building has been remediated pursuant to this code of ordinances. Further, the owner shall be required to notify future owners and tenants of the aforementioned before an occupancy permit will be issued.
(I) State public registry. The Chief of Police shall notify the National Clandestine Laboratory Register of Illinois (which may be found on the Illinois State Police website) that a building or structure has been contaminated by methamphetamine, and whether it has been remediated pursuant to this code of ordinances.
(J) No guarantee of safety. The city cannot and does not guarantee that premises remediated per this section are safe for human or animal habitation. The occupants of premises contaminated by meth do so at their own risk.
(Ord. 1685, passed 6-22-2015)