ORDINANCE NO. 252, THIRD SERIESAN ORDINANCE RELATING TO REDUCING HEALTH RISK EXPOSURE AT CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES, AMENDING CITY CODE CHAPTER 10 BY ADDING A NEW SECTION 10.58, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONSTHE COUNCIL OF THE CITY OF LUVERNE ORDAINS:SECTION 1.Section 10.58 of Chapter 10 of the City Code of Luverne is hereby created and made an official part of the Code and hereby to read as follows: Subd. 1. Purpose and Intent. The purpose of this Section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds such sites are a public health hazard as they may contain suspended chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future. Subd. 2. Interpretation and Application. In their interpretation and application, the provisions of this Section shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this Section are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or regulations shall prevail. Should any court of competent jurisdiction declare any Section or subpart of this section to be invalid, such decision shall not affect the validity of the Section as a whole or any part thereof, other than the provision declared invalid. Subd. 3. Fees. Fees for the administration of this Section may be established and amended periodically by resolution of the City Council, and shall be assessable to the property involved. Subd. 4. Definitions.1. Chemical dumpsite: shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab have been located. 2. Clandestine drug lab: shall mean the unlawful manufacture or attempt to manufacture controlled substances. 3. Clandestine drug lab site: shall mean any place or area where law enforcement has determined that conditions associated with operation of unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dumpsite or any land. 4. Controlled substance: shall mean a drug, substance or immediate precursor in Schedules I through V of M.S. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. 5. Household hazardous wastes: shall mean waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control, and Nobles/Rock Public Health Department rules and regulations.6. Manufacture, in places other than a pharmacy: shall mean and include 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 a controlled substance. 7. Owner: shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite. 8. Public Health Nuisance: All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance.Subd. 5. Administration.A. Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found. B. Declaration of Property as a Public Health Nuisance. Upon notification by law enforcement authorities, the City Building Official shall promptly issue a Declaration of a Public Health Notice for the affected property and post a copy of the Declaration at the probable entrance to the dwelling or property. The Building Official shall also notify the owner of the property and the following parties by US mail:1. Occupants of the property;2. Owners of property within 100 feet of the nuisance property;3. The Rock County Sheriff’s Department; and4. Other state and local authorities, such as MPCA and MDH, which are known to have public and environmental protection responsibilities that are applicable to the situation.C. Property Owner’s Responsibility to Act. The Building Official shall also issue an order to abate the public health nuisance, including the following:1. Immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk. 2. Promptly contract with appropriate environmental testing and cleaning firms to conduct an 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 property owner shall notify the City of actions taken and reach an agreement with the City on clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up.3. Provide written documentation of the clean-up process, including a signed, statement from the contractor that the property is safe for human occupancy and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines.D. Property Owner’s Responsibility for Costs. The property owner shall be responsible for all costs of decontamination or clean-up of the site, including contractor’s fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. Public costs may include, but not limited to:1. Posting of the site;2. Notification of affected parties;3. Expenses related to the recovery of costs, including the assessment process:4. Laboratory fees;5. Clean-up services;6. Administrative fees; and7. Other associated costs.E. Recovery of Public Costs.1. If, after service of notice of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the City Building Official is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.2. If the City is unable to locate the property owner within ten days of the Declaration of Public Health Nuisance, the City is authorized to immediately proceed to initiate the on-site assessment and clean-up.3. The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Minnesota Statutes Chapter 463.4. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all costs and fees for administration and enforcement hereof. The City may recover costs and fees by civil action against the person or persons who own the property or by assessing such costs and fees as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to Minnesota Statutes Chapter 429.F. Authority to Modify or Remove Declaration of Public Health Nuisance.1. The Building Official is authorized to modify the Declaration conditions or to remove the Declaration of Public Health Nuisance.2. Such modification or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling.SEC. 2. This ordinance shall take full force and effect seven (7) days after its publication. (4-24)
