Memo - 2nd reading-ord 2005-943
CITY OF HOPKINS
MEMORANDUM
To:
Honorable Mayor and City Council Members
Police Chief Craig Reid
From:
Date:
Subject:
June 7, 2005
Second Reading for Ordinance 2005-943
Attached is Ordinance #2005-943 for the second reading. This ordinance establishes procedures for
the cleanup of clandestine drug lab sites and chemical dump sites.
Staff recommends that the Council approve the following motion: Move to approve Ordinance
2005-943 for second reading. aPDrove the summarv of Ordinance 2005-943 and order the summarv
Dublished.
This ordinance has not changed since the first reading.
It requires a four-fifths vote of the City Council to approve the publication of the summary of the
ordinance.
Attachments:
. Summary of Ordinance 2005-943
. Ordinance 2005-943
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE 2005-943
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE CLEANUP OF
CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES
The following is a summary of the major provisions of the new ordinance:
Section 625 Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites
· The ordinance authorizes law enforcement authorities to declare drug lab or chemical dump
sites (Sites) as a public health nuisance allowing them to seize any hazardous wastes and to
require occupants to vacate the site.
· The ordinance authorizes law enforcement authorities to seize any personal property being
used as a Site.
· The ordinance authorizes the Building Official to declare Sites as a Public Health Nuisance
and prohibit unauthorized entrance to the Sites until the Sites are determined to be safe.
. The ordinance makes the property owner ultimately responsible for clean up and all costs
including those of the City.
· The ordinance requires the property owner to:
o ensure that the property is vacant and secured until the nuisance is abated
o contact an authorized firm to assess the extent of any contamination
o clean up the site including the removal of any hazardous waste or contaminated
items, and
o perform tests to ensure that all health risks are removed.
· The ordinance authorizes the Building Official to abate the nuisance and charge all costs
back to the property owner should the owner refuse to take any required action.
· The ordinance establishes .procedures for entrance to a Site that has been declared a Public
Nuisance as well as the removal of any personal property from the Site.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Public
library.
First reading:
Second reading:
Date of Publication:
Date Ordinance Takes Effect:
May 17,2005
June 7, 2005
June 16,2005
June 16,2005
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-943
AN ORDINANCE TO ESTABLISH POLICIES AND PROCEDURES TO
MINIMIZE THE PUBLIC'S EXPOSURE TO HEALTH RISKS FROM THE
CLEAN UP OF HAZARDOUS CHEMICALS OR RESIDUE FROM A
CLANDESTINE DRUG SITE OR CHEMICAL DUMP.
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
Section 625: CleanuB of Clandestine Drul! Lab Sites and Chemical DumB Sites
625.01. General Provisions. Subd 1. Pumose and Intent. The purpose of this section is
to reduce public exposure to health risks where law enforcement officers have detenuined
that hazardous chemicals or residue from a suspected clandestine drug lab site or
chemical dump site may exist. Professional reports, based on assessments, testing and
investigations, show that chemicals used in the production of illicit drugs can condense,
penetrate, and contaminate surfaces, furnishings, and equipment of surrounding
structures. The City Council finds that such sites, and the personal property within 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 or using or being exposed to contaminated personal property.
Subd. 2. Intemretation and Aoolication. In the interpretation and application of
this section, the provisions herein 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 to the public 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 on the public 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.
625.03 Definitions. For the purposes of this section, the following tenus or words shall
be interpreted as follows:
Subd. 1. Building Official: The Building OfficiaIfor the City of Hopkins or
his/her duly authorized representative(s).
Subd. 2. Chemical Dumo Site: Shall mean any place or area where chemicals or
other waste materials used in a clandestine drug lab operation have been located.
Subd. 3. City: Shall mean the City of Hopkins.
Subd. 4. Clandestine Drug Lab Ooeration: Shall mean the unlawful manufacture
or attempt to manufacture a controlled substance.
Subd. 5. Clandestine Drug Lab Site: Shall mean any place or area where law
enforcement has determined that an unlawful clandestine drug lab operation exists or
existed. A clandestine drug lab site may include, but is not limited to, dwellings,
accessory buildings, structures or units, vehicles, boats, trailers or any other area or
locations.
Subd. 6. Controlled Substance: Shall mean any drug, substance or immediate
precursor in Schedules I through V of Minnesota Statute 9152.02 together with any
amendments or modifications thereto. The term shall not include distilled spirits, wine,
malt beverages, intoxicating liquors or tobacco.
Subd. 7. Household Hazardous Waste: Shall mean waste generated from a
clandestine drug lab operation.
Subd. 8. Site: Shall mean chemical dump site and/or clandestine drug lab site.
Subd. 9. 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, and the packing, repacking, tableting, encapsulating,
labeling, relabeling, or filling of a controlled substance.
Subd. 10. Owner: Shall mean any person( s), firm( s), corporation( s) or other
entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat,
trailer or other location associated with a Site.
625.05. Declaration of Site as a Public Health Nuisance. A Site, all areas in proximity to
a Site and all personal property located on areas in proximity to a Site, are potentially
unsafe due to health hazards and are hereby declared to be a public health nuisance.
625.07. Law Enforcement Action. When a law enforcement authority determines the
existence of a Site, the Site and all personal property located in proximity to the Site,
shall be declared a public health nuisance. Law enforcement authorities who identifY
conditions associated with a Site are authorized to take the following action:
a) Promptly notifY the Building Official, child protection officials, public health
authorities and the appropriate enforcement division of the Drug Enforcement
Administration of the U.S. Justice Department. This notice must, at a minimum,
identifY the location of the Site, the property owner, if known, and the conditions
found on the Site;
b) Treat, store, transport or dispose of all household hazardous waste found at the
Site in a manner consistent with Minnesota Department of Health, Minnesota
Pollution Control, and Hennepin County Health Department rules and regulations;
c) Issue a temporary Declaration of Public Health Nuisance for the Site and post a
copy of the declaration on all doorway entrances to the Site or, in the case of bare
land, post the declaration in several conspicuous places on the property. This
temporary Declaration of Public Health Nuisance issued by law enforcement shall
not expire until after the Building Official 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, to remove
all pets from the Site, and not to return to the Site without written authorization
from the Building Official;
f) Notify all occupants vacating the Site that all personal property at the Site may be
contaminated with dangerous chemical residue; and
g) After all occupants have vacated the Site, put locks on each doorway entrance to
any buildings located on the Site to prohibit people from entering the Site without
authorization.
Prompt notification of the persons and organizations mentioned above may be delayed to
accomplish appropriate law enforcement objectives, but only to the extent that public
health and child protection responsibilities are not unnecessarily compromised.
625.09. Seizure ofProoertv. When the Site is inside a vehicle, boat, trailer or other form
of moveable personal property, law enforcement authorities shall immediately seize it
and not allow it to be transported except to a more secure location. In such circumstances,
all other requirements of this section shall be followed as closely as possible given the
specific type of property in which the Site is discovered.
625.11. Action bv Building Official. Subd. 1. Inspection and Declaration of Nuisance.
Within forty-eight (48) hours of notification that law enforcement authorities have
determined the existence of a Site, the Building Official shall cause the Site to be
inspected to determine whether to issue a permanent Declaration of Public Health
Nuisance. Based on the results of the inspection, the Building Official may then promptly
issue a permanent Declaration of Public Health Nuisance and a Do Not Enter - Unsafe to
Occupy Order for the Site to replace the temporary declaration issued and posted by law
enforcement. A copy of the permanent declaration and order shall be posted on all
doorway entrances to the Site or, in the case of bare land, shall be posted in several
conspicuous places on the property.
Subd. 2. Abatement Order. Within 24 hours after the permanent Declaration of Public
Health Nuisance has been issued and posted, the Building Official shall send written
notice to the Site owner ordering abatement of the public health nuisance. The abatement
order shall include the following information:
a) A copy of the Declaration of Public Health Nuisance and Do Not Enter- Unsafe
to Occupy Order and a copy of this section;
b) Information about the potentially hazardous condition of the Site;
c) Notification of the immediate suspension of the Site's rental license if applicable;
and
d) Information that may help the owner locate appropriate services necessary to
abate the public health nuisance.
Subd. 3. Notice to Concerned Parties. Within three (3) days after the permanent
Declaration of Public Health Nuisance has been issued and posted, the Building Official
shall also mail a copy of the permanent Declaration of Public Health Nuisance, a copy of
this section, and a notification of the suspension of the Site's rental licenses, if applicable,
to the following concerned parties at their last known address:
a) Occupants or residents of the Site if the identities of such persons are known;
b) Neighbors in proximity to the Site who may be affected by the conditions found,
as determined by the Building Official pursuant to 625.11 (subd. I);
c) The Hopkins City Manager;
d) The City of Hopkins Chief of Police or his/her duly authorized representative( s);
and
e) The Drug Enforcement Administration of the U. S. Justice Department; the
Minnesota Pollution Control Agency, the Minnesota Department of Health, and
the Department of Natural Resources.
Subd. 4. Modification or Removal of Declaration. The Building Official is
authorized to modifY or remove the permanent Declaration of Public Health Nuisance
after the Building Official receives documentation from a City approved environmental
hazard testing and cleaning firm stating that the suspected health and safety risks,
including those to neighbors and potential dwelling occupants, either do not exist or have
been sufficiently abated or corrected to justifY amendment or removal of the declaration.
625.13. Site Owner's Resoonsibilitv to Act. Within ten (10) business days of the date
the abatement order is mailed to the owner of the Site, the owner shall accomplish the
following:
a) Provide the Building Official with written notification:
I. That the owner has confirmed that all persons and their pets have vacated
the Site;
2. Of the name(s) of all children who the owner believes were residing at the
Site; and
3. 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 Minnesota Department of Health guidelines:
1. A detailed on-site assessment of the extent of contamination at the Site
and the contamination of the personal property therein;
2. Soil testing of the Site and testing of all property and soil in proximity to
the Site which the environmental hazard testing and cleaning firm
determines may have been affected by the conditions found at the Site;
3. A complete clean up of the Site (including but not limited to the clean up
or removal of plnmbing, ventilation systems, fixtures and contaminated
soil) or a demolition of 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;
5. A complete clean up of all property and soil in proximity to the Site which
is found to have been affected by the conditions found at the Site;
6. Remediation testing and follow-up testing, including but not limited to
testing of the ventilation system and plumbing, to determine that all health
risks are sufficiently reduced, according to Minnesota Department of
Health guidelines, to allow safe human occupancy and use of the Site and
use of the personal property therein and of all property and soil in
proximity to the Site;
7. Provide the Building Official with the identity of the testing and cleaning
firm with which the owner has contracted for abatement of the public
health nuisance as required above; and
8. Provide the Building Official with a written cleanup schedule with
reasonable deadlines for completing all actions required by the abatement
order.
625.15. Site Owner's Verification ofComDliance. The Site owner must meet all
deadlines established on the cleanup schedule. Pursuant to the deadlines established by
the cleanup schedule, the Site owner is required to provide the Building Official with a
signed statement from a City approved environmental hazard testing and cleaning firm
that the Site, all personal property therein and all property and soil in proximity to the
Site, is safe for human occupancy and use and that the cleanup was conducted in
accordance with the most current Minnesota Department of Health guidelines.
625.17. Site Owner's ResDonsibility for Costs. The Site owner is responsible for all
costs, including those of the City, of dealing with and abating the public health nuisance,
including contractor's fees and the City's costs for services performed in association with
the Site. The City's costs may also include, but shall not be limited to:
a) Posting ofthe Site;
b) Notification of affected parties;
c) Securing the Site, providing limited access to the Site, and prosecution of
unauthorized persons found at the Site;
d) Expenses related to the recovery of costs, including the assessment process;
e) Laboratory fees;
f) Cleanup services;
g) Administrative fees;
h) Legal fees; and
i) Other associated costs.
Section 625.19. City Action and Recoverv of Costs. Subd 1. If the Site owner fails to
comply with any of the requirements of this section, the Building Official is authorized to
take all reasonable actions necessary to abate the public health nuisance including, but
not limited to, contracting with a City approved environmental hazard testing and
cleaning firm to conduct the work outlined in Section 625. 13(b) of this section.
Subd. 2. If the costs to clean the Site or to clean or dispose of 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/or dispose of the personal property therein. These actions shall be taken in
accordance with the provisions of Minnesota Statutes Chapter 463 together with any
amendments or modifications thereto.
Subd.3. If the City abates the public health nuisance, in addition to any other legal
remedy, the City shall be entitled to recover all of its out-of-pocket costs plus an
additional 25% of such costs for administrative and legal expense. The City may recover
its costs both by civil action against the owner of the Site, and by assessing such costs as
a special charge against the Site as taxes and special assessments are certified and
collected pursuant to Minnesota Statute ~429.101 or according to the provisions of
Minnesota State Statute Chapter 463 together with any amendments or modifications
thereto.
The Building Official is authorized to notifY any lien and/or mortgage holders of
the affected Site.
625.21. Recovery of Costs from Persons Causing Damage. No provisions of this section
are intended to limit the Site owner's, residents' or the City's right to recover costs
incurred under this section from either the persons contributing to the public health
nuisance, such as the operators of the Site, and/or from other lawful sources.
625.23. 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 infonnation 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 the owner's
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.
625.25. Unauthorized Removal of Po stings_ It is unlawful for any person, except
authorized City personnel, to remove a temporary or pennanent Declaration of Public
Health Nuisance and/or Do Not Enter - Unsafe to Occupy order from a Site.
625.27. Entry Into or Onto Site. While a Declaration of Public Health Nuisance for an
affected Site is in effect and has been posted at the Site, no persons are pennitted to be
inside the Site, or on the Site property without prior written consent of the Building
Official or as otherwise authorized by this section. To confinn compliance with this
section and to execute their duties under this section, law enforcement officers, the
Building Official, and any persons designated by the Building Official, may enter onto
the Site property or enter into the Site at any time while a Declaration of Public Health
Nuisance is in effect for the Site.
625.31. Removal of Personal Property from the Site. While a Declaration of Public
Health Nuisance for an affected Site is in effect and has been posted at the Site, no
personal property may be removed from the Site without prior written consent from the
Building Official. Consent to remove personal property shall only be granted at the
reasonable discretion of the Building Official, and only in cases of hardship after:
1-
a) A City approved environmental 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
b) The owner of the personal property agrees in writing:
1. That the owner is aware of the danger of using the contaminated property;
2. That the owner will thoroughly clean the property to remove all
contamination before the property is used; and
3. That the owner releases and agrees to indemnity the City, its staff, and the
Hopkins City Council from all liability to the owner and/or third persons
for injuries or damages caused, or alleged to have been caused, by the
contaminated property.
625.33. Violations and Penalties. Any person violating any provision of this section is
guilty of a misdemeanor. In addition, the City shall be entitled to seek any other remedy
available at law or in equity in order to protect the health, safety and welfare of the
community, including temporary and permanent injunctions.
The effective date of this ordinance shall be on the date of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
May 17, 2005
June 7, 2005
June 16,2005
June 16,2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Siguature
Date