HomeMy WebLinkAboutOrd. 279 - Meth Lab
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 279
SUMMARY OF ORDINANCE
An Ordinance Reducino Health Risk Exposure at
Clandestine Druo Lab Sites and Chemical Dump Sites
WHEREAS, the Andover City Council has determined that publication of the
title and a summary of the Ordinance would clearly inform the public of the intent
and effect of the Ordinance; and
WHEREAS, a printed copy of the entire Ordinance is available for inspection
by any person during regular office hours at the office of the Andover City Clerk
and shall also be posted for public display in the manner of other ordinances.
Section 1. General Provisions.
The purpose of the Ordinance is to reduce public exposure to health risks and
finds that conditions associates with clandestine drug lab sites and chemical dump
sites present health and safety risks to residents and occupants. Administration
fees shall be established by separate ordinance. This section defines "clandestine
drug lab" to mean the unlawful manufacture or attempt to manufacture controlled
substances. This section defines "clandestine drug lab site" to mean any place
where law enforcement has determined that an unlawful clandestine drug lab
exists, which may include structures, motor vehicles, or any other location.
Section 2.
This section provides that law enforcement authorities who identify and
verify the existence of a clandestine drug lab site or chemical dump site within the
City shall immediately notify appropriate City officials. The City shall immediately
Declare such locations to be a Public Health Nuisance. The Building Official shall
also issue an Order for Abatement. The Order for Abatement may include an order
that the premises be vacated and that clean up of the property be conducted in
accordance with Minnesota Department of Health guidelines. The Order for
Abatement may further provide that the property owner immediately conduct
appropriate environmental testing, on-site assessment and clean up through
utilization of appropriate firms and/or contractors and has been conducted
consistent with Minnesota Department of Health guidelines. The property owner
shall be responsible for all costs of abatement, including public costs for services
performed in association with the site clean up.
Should the property owner fail to arrange for appropriate assessment and
clean up, the Building Official is authorized, through lawful process, to proceed in a
prompt manner to abate the nuisance.
The Ordinance further provides that the City is entitled to recover all public
costs against the owner of the property directly or by assessing such costs as a
special tax against the property in the manner of a special assessment certified and
collected pursuant to Minn. Stat. s 429.101. .
Section 3. . City Council Review.
The owner or other person with legal interest in the property who has been
served with a Declaration of Public Health Nuisance, an Order for Abatement or a
Statement of Public Costs, may appeal those declarations to the Andover City
Council. The appeal shall be in writing and filed with the City Clerk within ten
days. Upon review, the City Council may affirm, modify or reverse the action
taken. The filing of an appeal shall suspend the terms of the Declaration of Public
Health Nuisance, Order for Abatement or Statement of Public Costs but shall not
suspend that part of any order prohibiting occupancy of the property.
Section 4. Violations and Penalties.
The Ordinance provides that a violation of its terms is' a misdemeanor as
defined by Minnesota law.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MlNNESOTA
ORDINANCE NO. 279
An Ordinance Reducing Health Risk Exposure at
Clandestine Drug Lab Sites and Chemical Dump Sites
The City Council of the City of Andover hereby ordains as follows:
Section 1.
General Provisions.
(a) Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health
risks where law enforcernent officers have detenruned that hazardous chemicals from a
suspected clandestine drug lab site or associated dump site may exist. The City Council
finds that such sites may contain suspected 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.
Based upon professional reports, assessments, testing and investigations, the City Council
finds that such hazardous chemicals can condense, penetrate, and contaminate on the
land, surfaces, furnishings, buildings, and equipment in or near structures or other
locations where such sites exist. The Council finds that these conditions present health
and safety risks to residents, occupants and visitors through fire, explosion, skin and
respiratory exposure and related dangers. The Council further [mds that such sites
present health and safety risks to occupied residences, buildings and structures and to the
general housing stock of the community.
(b) Inte1:pretation and Application. In their interpretation and application, the provisions of
this Ordinance shall be construed to protect the public health, safety and welfare.
Where the conditions imposed by any provision of this Ordinance are either rnore 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 requirements shall prevail.
Should any court of competent jurisdiction declare any section or subpart of this
Ordinance to be invalid, such decision shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the provision declared invalid.
(c) Fees. Fees for the administration of this Ordinance may be established and amended
periodically by ordinance of the City Council.
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Cd) Definitions. For the purpose of this Ordinance, the following terms or words shall be
interpreted as follows:
Section 2.
I.
2.
Child shall mean any person less than 18 years of age.
Chemical dumpsite shall mean any place or area where chemicals or other waste
materials used in a clandestine drug lab have been located.
Clandestine drug lab shall mean the unlawful manufacture or attempt to
manufacture controlled substances.
Clandestine drug lab site shall mean any place or area where law enforcement had
determined that conditions associated with the operation of an unlawful
clandestine drug lab exist. A clandestine drug lab site may include motor vehicle
and trailers, dwellings, accessory buildings, accessory structures, commercial
structures, multi-family structures, a chemical dumpsite or any land.
Controlled substance shall mean a drug, substance or immediate precursor in
Schedules I through V of Minn. Stat. S 152.02. The term shall not include
distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
Hazardous wastes shall mean waste generated, including equipment, from a
clandestine drug lab. Such wastes shall be treated, stored, transported or disposed
of in a manner consistent with the Minnesota Department of Health, Minnesota
Pollution Control, and Anoka County Health Department rules and regulations.
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 drugs.
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 dump site.
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 pursuant to
Minn. Stat. S 463.15, et seq.; S 412221, et seq.; and 145A.Ol, et seq.
3.
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9.
Administration.
Ca) Law Enforcernent 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 hannful contaminants and other associated conditions, must promptly notify
the appropriate municipal, child protection, and public health authorities of the property
location, property owner ifknown, and conditions found.
(b) Declaration of PropertY as a Public Health Nuisance. If law enforcement determines the
existence of a clandestine drug lab site or chemical dumpsite, the property shall be
declared a public health nuisance.
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(c) Notice of Public Health Nuisance to Concerned Parties. Upon notification by law
enforcement authorities, the City Building Official 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 Building Official shall also notify the
owner of the property by mail and notify the following parties:
I. Occupants of the property;
2. Neighbors at potential risk;
3. The Anoka County Sheriff s Office, Anoka County Community Health and
Environmental Services; and
4. 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.
5. The Building Official may notify any financial institution with an interest of
record of the Declaration of Public Health Nuisance and shall notify such
financial institution should the property owner timely fail to arrange for timely
and appropriate assessment and clean up.
6. The Building Official may notify the insurance company with a policy known to
be applicable to the subject property and shall notify such insurance cornpany
. should the property owner fail to arrange for timely and appropriate assessment
and clean up.
7. The Building Official rnay cause a certified copy of the Declaration of Public
Heath Nuisance to be filed with the Office of the Anoka County Recorder or
Registrar of Titles. Upon abatement of the nuisance as required herein, the
Building Official shall cause a notice of successful abatement or removal of
Declaration of Public Health Nuisance to be so recorded.
(d) Property Owner's Responsibility to Act - Order for Abatement. The Building Official
shall also issue an order to the owner to abate the public health nuisance, including the
following:
I. That the owner, tenant, occupants or other persons in possession of the premises
shall immediately vacate those portions of the property, including building and
structure interiors, or dump site, which may place such persons at risk. No person
shall reside in or occupy any premises or property subject to an order for
abatement until such time as the Building Official has determined that the
contamination has been reduced to an acceptable level and that the cleaning was
conducted in accordance with Minnesota Department of Health guidelines.
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 in
accordance with Minnesota Department of Health guidelines. The property owner
shall notify the City of actions taken and reach an agreement with the City on the
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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, written
statement that the contamination has been reduced to an acceptable level and that
the clean-up was conducted in accordance with Minnesota Department of Health
guidelines.
(e) Property Owner's Responsibility for Costs. The property owner shall be responsible for
all costs of abatement 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. The Building Official shall prepare and provide to the
property owner a Statement of itemized Public Costs which shall be due and payable
upon receipt. Public costs rnay include, but are 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, including septic systems;
6. Administrative fees;
7. Emergency response costs;
8. Other associated costs; and
9. Any legal costs including attorney fees related to the nuisance abatement.
(f) Recovery of Public Costs.
1. If, after service of notification 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 obtain judicial authority 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 (10) days of the
Declaration of Public Health Nuisance, the City is authorized to obtain judicjal
authority to proceed in a prompt manner to initiate the on-site assessment and
clean-up.
3. The City may abate the nuisance by obtaining judicial authority to remove the
hazardous structure or building, or otherwise, according to Minnesota Statutes
Chapter 463. In cases involving motor vehicles, trailers, boats or other movable
property, the City may abate the nuisance by disposal of the property through
unlawful authority.
4. If the City abates the public health nuisance, or otherwise incurs public costs, in
addition to any other legal remedy, the City shall be entitled to recover all public
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costs. The City may recover costs by civil action against the person or persons
who own the property or by assessing such costs as a special tax against the
property in the manner as taxes and special assessments are certified and collected
pursuant to Minn. Stat. S 429.101.
5. Nothing herein shall limit the authority of the City to enforce this ordinance or
seek any other legal remedy to abate the nuisance through declaratory action,
injunction, nuisance declaration of otherwise.
(g) Authority to Modifv or Remove Declaration of Public Health Nuisance.
1.
The Building Official is authorized to modifY the Declaration conditions or
remove the Declaration of Public Health Nuisance.
2.
Such modifications or removal of the Declarations 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 in accordance with Minnesota
Department of Health guidelines.
Section 3.
City Council Review.
The owner of the property or any party with a legal interest in the property who has been issued a
Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs
may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Staternent
of Public Costs to the City Council. The appeal shall be in writing filed with the City Clerk and
Anoka County Community Health and Environmental Services, specifYing the grounds for the
appeal and the relief requested. The appeal must be filed within ten days of the issuance of the
item from which appeal is taken. The City Council shall hear the appeal at the next available
City Council meeting. Upon review, the City Council may affirm, modifY or reverse the action
taken. The filing of an appeal shall suspend the terms of the Declaration of Public Health
Nuisance, Order for Abatement, or Statement of Public Costs, whichever is applicable.
However, in the instance of an appeal frorn an Order for Abatement, the appeal shall not suspend
that part of the order prohibiting occupancy of the property.
Section 4.
Violations and Penalties.
Any person violating any provisions of this Article is guilty of a misdemeanor and upon
conviction shall be subject to the penalties set forth in Minn. Stat. S 609.02, Subd. 3.
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Adopted by the City Council of the City of Andover on this.l.5..1h. day of December ,2003.
ATTEST:
CITY OF ANDOVER
tLk~ Or!L
Victoria V olk, City Clerk
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