Meth Ordinance
ORDINANCE NO. 04-01
AN ORDINANCE
AMENDING ASKOV CITY CODE
TO ADD A NEW SECTION 804
REGARDING CLANDESTINE DRUG LABS
THE CITY COUNCIL OF THE CITY OF
Section 1. Askov City
Code is amended to include the following new Section 804:
Section 804 – Cleanup of
Clandestine Drug Lab Sites and Chemical Dump Sites
804.01.
Definitions. Subdivision 1. For purposes of this Section the terms
defined have the meanings given them.
Subd. 2. “Chemical Dumpsite” means any place or area
where chemicals or other waste materials have been located.
Subd. 3. “Clandestine drug lab” means the unlawful
manufacture or attempt to manufacture controlled substances.
Subd. 4. “Clandestine drug lab site” means any place
or area where law enforcement has
determined that conditions associated with the operation of an unlawful
clandestine drug lab exist. A
clandestine drug lab site includes any dwellings, accessory structures, a
chemical dump site, a vehicle, boat, trailer or other similar appliance or any
other area or location.
Subd. 5. “Controlled substance” means any drug,
substance or immediate precursor in Schedules I through V of Minnesota Statutes
152.02. The term does not include
distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
Subd. 6. “Owner” or “Site Owner” means any person,
firm, corporation, or other entity who owns, in whole or in part, the land,
building, structure, vehicle, boat, trailer or other location associated with a
clandestine drug lab site or chemical dump site.
804.03. General
Provisions. Subdivision 1. Purpose and Intent. The purpose of this Section is to protect the
public health, safety and welfare and to reduce public exposure to health risks
where law enforcement officers have determined that hazardous chemicals from a
suspected clandestine drug lab or chemical dumpsite may exist. The City Council finds that such sites may
contain hazardous chemicals, substances, or residues that place people,
particularly children or adults of child-bearing age, at risk of exposure
through inhabiting or visiting the site or using or being exposed to contaminated
personal property.
Subd. 2. Interpretation and Application. The provisions of this Section must be construed
to protect the public health, safety and welfare. When the conditions imposed by this Section
conflict with the comparable provisions imposed by another law, ordinance,
statute, or regulation, the regulations that are more restrictive or that
impose higher standards will prevail.
804.05.
Declaration
of Property As a Public Health Nuisance. All dwellings, accessory structures, buildings, vehicles, boats, trailers,
personal property, adjacent property or other locations, associated with a
clandestine drug lab site or chemical dump site are potentially unsafe due to health
hazards and are declared to be a public heath nuisance.
804.07.
Law Enforcement Action. Subdivision 1. Law enforcement authorities
who identify conditions associated with a clandestine drug lab site or chemical dump site that may place the
public or occupants at risk for exposure to harmful contaminants and other
associated conditions are authorized to take the following action:
a) promptly notify the city building official, county child protection division, public health authorities and the United States drug enforcement administration, and the site owner about the site and the conditions found;
b)
treat, store, transport or dispose of all waste found
at the site in a manner consistent with the Minnesota Department of Health, and
the
c) issue a temporary declaration of the public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, in several conspicuous places on the property. This temporary declaration of public health nuisance will expire after the city health authority inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance;
d) notify all persons occupying the site that a temporary declaration of public health nuisance has been issued;
e) require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the city health authority;
f) notify the occupants vacating the site that the personal property at the site may be contaminated with dangerous chemical residue; and
g)
put locks on each doorway entrance to the site to prohibit
people from entering the site without authorization.
Subd. 2. The notification of the people and organizations mentioned above
may be delayed to accomplish appropriate law enforcement objectives.
804.09.
Seizure
of Property. When a clandestine drug
lab site or chemical dump site is located inside a vehicle, boat, trailer, or
other form of moveable personal property, law enforcement authorities must
immediately seize it and not allow it to be transported except to a more secure
location. All other requirements of this
Section must be followed as closely as possible given the specific type of
property in which the site is discovered.
804.11.
Action by City Health Authority. Subdivision 11. Inspection and
Declaration of Nuisance. Within 48
hours of notification that law enforcement authorities have determined the
existence of a clandestine drug lab site, the city health authority must inspect
the site. The city health authority 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.
Subd. 2. Abatement Order. After issuing the permanent declaration, the
city health authority must send written notice to the site owner ordering
abatement of the public health nuisance. The abatement order must include the following:
a) a copy of the declaration of public health nuisance and Do Not Enter – Unsafe to Occupy Order;
b) information about the potentially hazardous condition of the site;
c) notification of suspension of the sites’ rental license if applicable;
d) a summary of the site owner’s and occupants’ responsibilities under this Section; and
e)
information
that may help the owner locate appropriate services necessary to abate the
public health nuisance.
Subd. 3. Notice to Other Parties. The city health authority must also mail a copy of this permanent declaration of public health nuisance and a copy of this Section to the following parties at their last known address:
a) occupants or residents of the site if known;
b) neighbors in proximity to the site who may be reasonably affected by the conditions found;
c)
the
appropriate enforcement division of the
d)
other
city, state and local authorities, such as the city public works department,
the state pollution control agency, and 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.
Subd. 4. Modification of Removal of Declaration. The city health authority may modify or
remove the declaration of public health nuisance after the health authority receives
documentation from a city-approved environmental hazard testing and cleaning
firma stating that the suspected health and safety risks, including those to
neighbors and potential occupants, with do not exist of have been sufficiently
abated or corrected to justify amendment or removal of the declaration.
804.13.
Site
Owner’s Responsibility to Act. Subdivision
1. Within ten business days after the
abatement order is mailed to the site owner, the owner must accomplish the
following:
a) provide the city health authority in writing, with:
1) confirmation that all persons and their pets have vacated the site.
2) the names of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and
3)
confirmation
that the site will remain vacated and secured until the public health nuisance
is completely abated as required by this Section.
b) contract with one or more city-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state guidelines:
1) a detailed on-site assessment of contamination at the site, including the personal property in the site;
2) soil testing of the site and testing of all property and soil in proximity to the site which the environment hazard testing and cleaning firm determines may have been affected by the conditions found at the site;
3) a complete cleanup of the site (including the clean-up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the structures on the site and a complete clean-up of the demolished site;
4) a complete clean-up or disposal at an approved dump site, of all personal property in the site that is found to have been affected by the conditions at the site;
5) a complete clean-up of the all property and soil in proximity to the site that is found to have been affected by the conditions at the site; and
6)
remediation
testing and follow-up testing, including testing of the ventilation system and plumbing
to determine that all health risks are sufficiently reduced to allow safe human
occupancy and use of the site, the personal property in, it, and all property
and soil in proximity to the site.
c) provide the city health authority with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as require above; and
d)
sign
an agreement with the city health authority establishing clean-up schedule
. The schedule must establish reasonable
deadlines for completing all actions
required by this Section for abatement of the public health nuisance. The city health authority must consider practical
limitations and the availability of contractors in approving the clean-up schedule.
Subd. 2. The owner must meet all deadlines established
in the clean-up schedule. The owner must
provide the city health authority written documentation of the clean-up including
a signed statement from a city-approved environmental hazard testing and
cleaning firm that the site, all personal property in it, and all property and
soil in proximity to the site is safe for human occupancy and use and that the
clean-up was conducted in accordance with the most current state guidelines.
804.15. Owner’s Responsibility
for Costs. The site owner is
responsible for all costs associated with abatement of the public health nuisance,
including contractor’s fees and the city’s costs for services performed in
connection with the cleanup of the clandestine drug lab site or chemical
dumpsite. The city costs may include, but
are not limited to:
a) Emergency Response;
b) Posting and physical security of the site;
c) Notification of affected parties;
d) Expenses related to the recover of costs, including the assessment process;
e) Laboratory Fees;
f) Cleanup services;
g) Administrative fees;
h) Legal fees; and
i) Other associated costs.
804.17.
City
Authority to Initiate Cleanup and Recovery of Costs. Subd. 1. If the site owner fails to comply with any of the requirements of the
Section, the city health authority is authorized to take all reasonable actions
necessary to abate the public health nuisance including contracting with a
city-approved environmental hazard testing and cleaning firm to conduct the
work outlined in section 804.13, subd.1. (b). The health authority is also authorized to provide a copy of the
declaration of public health nuisance to the holders of mortgage or lien
interests in the affected site.
Subd. 2. .If the costs to clean the site or to
clean the personal property at the site are prohibitively high in relation to
the value of the site or the personal property, the city is authorized to
remove or demolish the site, structure or building and dispose of the personal
property in it. These actions must be taken
in accordance with the provisions of Minnesota Statute Chapter 463.
Subd 3. If the city abates the public health
nuisance, the city is entitled to recover all of its actual costs plus an additional
25 percent of such costs for administrative and legal expense, in addition to any other legal remedy. The city may recover costs by civil action
against the city owner or by assessing the costs against the site as a special
assessment under Chapter III, Part 2 of the City Code.
804.19.
Recovery of Costs from Persons Causing Damage. Nothing in this Section limits the rights of
the site owner, occupants, neighbors, or the city to recover costs from the
persons contributing the public health nuisance, such as the operator of the
clandestine drug lab, or from other lawful sources.
804. 21. Site
Owner and Address. When the site is
real property and the owner or the address of the owner of the site is unknown,
the owner and the owner’s address is deemed to be that of the property’s
taxpayer’s name and address as that information is maintained by the County Auditor’s
Office. When the site is a vehicle, boat
or trailer and the owner or the address of the owner of the site is unknown,
the owner and owners, address is deemed to be that of the person on file as the
owner on the current or most recent title to the vehicle, boat, or trailer.
804.23.
Suspension
of Residential Rental License. Upon
issuance of a permanent declaration of public health nuisance, any residential
rental license issued by the City for the site, or any part thereof, is hereby declared
to be immediately suspended pending full compliance with the Section.
804.25.
Unauthorized
Removal of Posting. It is unlawful
for a person, except authorized city personnel, to remove a temporary or
permanent declaration of public health nuisance or Do Not Enter - Unsafe to
Occupy Order from a clandestine drug lab site.
804.27.
Entry Into or Onto Site. While a
declaration of public health nuisance for a site is in effect and has been
posted at the site, no person, other than law enforcement officer, the city health
authority, or a person authorized by the city health authority, is permitted to
be inside or on a site.
804.29.
Removal
of Personal Property from the Site. While a declaration of public health nuisance for a site is in effect and
has been posted at the city, no personal property may be removed from the site
without prior written consent from the city health authority Consent to remove personal property may be
granted at the reasonable discretion of the health authority, and only in cases
of hardship after:
a)
a
city approved environment hazard testing and cleaning firm has advised the city,
in writing, that the item(s) of personal property can be sufficiently cleaned
to remove all harmful contamination; and
(1) is aware of the danger of using the contaminated property;
(2) will thoroughly clean the property to remove all contamination before the property is used; and
(3)
releases
and agrees to indemnify that city from all liability to the owner an third parties
for injuries or damages alleged to have been caused by the contaminated property.
Mayor,
City of
Attest:
_________________________________________
Askov City Clerk