ORD 395 Clandestine Drug LabsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 395
AN ORDINANCE AMENDING THE MENDOTA HEIGHTS CITY CODE TO ADD A NEW
SECTION REGARDING CLANDESTINE DRUG LABS.
The City Council of the City of Mendota Heights, Minnesota, hereby ordains:
The City Code is amended to add a new Section to read as follows:
XXX.01 General Provisions.
1.1 Purpose and Intent. The purpose of this Section is to reduce public exposure to
health risks associated with hazardous chemicals or residue fi-om a clandestine drug
lab site. Professional testing and investigations show that chemicals used in the
production of illicit drugs can condense, penetrate and contaminate surfaces,
furnishings and equipment of surro-unding 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 being
exposed to contaminated personal property.
1.2 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 comparable provisions imposed by another law, ordinance,
statute or regulation, the regulations that are more restrictive or that impose higher
standards will prevail.
XXX.02 Definitions. Unless the context clearly indicates otherwise, the words and phrases below
are defined for the purpose of this Section as follows:
2.1 Chemical dump site means a place or area where chemicals or other waste materials
used in a clandestine drug lab operation have been located.
2.2 City means the City of Mendota Heights.
2.3 Clandestine drug lab operation means the unlawful manufacture or attempt to
manufacture a controlled substance.
2.4 Clandestine drug lab site or site means a place or area where law enforcement
personnel have deten-nined that conditions associated with an unlawful clandestine
drug lab operation exist. A clandestine drug lab site may include dwellings, accessory
buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other
appliance.
2.5 Controlled substance means a drug, substance or immediate precursor specified in
Minn. Stat. '52.02, Schedules I through V, as may be amended. The term does not
include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
2.6 Manufacture, in places other than a pharmacy, includes the production, cultivation,
quality control or standardization by mechanical, physical, chemical or pharmaceutical
means, and the packing, re-packing, tableting, encapsulating, labeling, re-labeling or
filling of drugs.
2.7 Owner means a person, firm, corporation 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 clandestine drug lab site. Unless information is provided to prove
otherwise, the owner of real property is deemed to be the property taxpayer of record
in Dakota County files, and the owner of a vehicle, boat or trailer is deemed to be the
person listed as the owner on the most recent title to the vehicle, boat or trailer.
XXX.03 Declaration of 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 are potentially unsafe due to health hazards and are declared to be a public
health nuisance.
XXX.04 Law enforcement action.
4.1 Law enforcement authorities who identify conditions associated with a clandestine
drug lab site that may place the public or occupants at risk for exposure to harmful
contaminants and other associated conditions may:
4.1.1 Promptly notify the City health authority, county child protection division, the
United States drug enforcement administration, and the site owner about the site
and the conditions found;
4.1.2 Treat, store, transport or dispose of all waste generated from the clandestine
drug lab operation and found at the site in a manner consistent with the
Minnesota department of health and Minnesota pollution control regulations;
4.1.3 Issue a temporary declaration of 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
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of bare land, in several conspicuous places on the property. This temporary
declaration will expire after the City health authority inspects the site and
determines the appropriateness of issuing a permanent declaration of public
health nuisance;
4.1.4 Notify all people occupying the site that a temporary declaration of public
health nuisance has been issued;
4.1.5 Require all people 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;
4.1.6 Notify the occupants vacating the site that the personal property at the site may
be contaminated with dangerous chemical residue; and,
4.1.7 Put locks on each doorway entrance to the site to prohibit people from entering
the site without authorization.
4.2 The notification of the people and organizations mentioned above may be delayed to
accomplish appropriate law enforcement objectives.
XXX.05 Seizure of Property. When a clandestine drug lab site is 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.
XXX.06 Action by City Health Authority.
6.1 Inspection and declaration of nuisance. Within forty-eight (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
EnterBUnsafe 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.
6.2 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:
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6.2.1 A copy of the declaration of public health nuisance and Do Not EnterBUnsafe
to Occupy Order;
6.2.2 Information about the potentially hazardous condition of the site;
6.2.3 A summary of the site owner=s and occupant=s responsibilities under this
section; and,
6.2.4 Information that may help the owner locate appropriate services necessary to
abate the public health nuisance.
6.3 Notice to other parties. The health authority must also mail a copy of the permanent
declaration of public health nuisance and a copy of this section to the following parties
at their last known addresses:
6.3.1 Occupants or residents of the site if known;
6.3.2 Neighbors in proximity to the site who may be reasonably affected by the
conditions found;
6.3.3 The appropriate enforcement division of the United States drug enforcement
administration; and,
6.3.4 Other city, state and local authorities, such as the city public works department,
the state pollution control agency, the state department of health, and the
department of natural resources, that are known to have public and protection
responsibilities applicable to the situation.
6.4 Modification or 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 firm
stating that the suspected health and safety risks, including those to neighbors and
potential occupants, either do not exist or have been sufficiently abated or corrected to
justify amendment or removal of the declaration.
XXX.07 Site Owner's Responsibility to Act.
7.1 Within ten (10) business days after the abatement order is mailed to the site owner, the
owner must accomplish the following:
7.1.1 Provide the City health authority, in writing, with:
7.1.1.1 Confirmation that all persons and their pets have vacated the site;
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7.1.1.2 The names of all children who the owner believes were residing at the
site during the time period the clandestine drug lab is suspected to have
been at the site; and,
7.1.1.3 Confirmation that the site will remain vacated and secured until the
public health nuisance is completely abated as required by this section.
7.1.2 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:
7.1.2.1 A detailed on -site assessment of contamination at the site, including the
personal property in the site;
7.1.2.2 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;
7.1.2.3 A complete clean -up 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;
7.1.2.4 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;
7.1.2.5 A complete clean-up of all property and soil in proximity to the site that
is found to have been affected by the conditions at the site; and,
7.1.2.6 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.
7.1.3 Provide the City health authority with the identity of the testing and cleaning
film with which the owner has contracted for abatement of the public health
nuisance as required above; and,
7.1.4 Sign an agreement with the City health authority establishing a clean-up
schedule. The schedule must establish reasonable deadlines for completing all
actions required by this section for abatement of the public health nuisance.
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The City health authority must consider practical limitations and the availability
of contractors in approving the clean-up schedule.
7.2 The owner must meet all deadlines established in the clean-up schedule. The owner
must provide the City health authority written documentation ofthe clean-up, including
a signed statement fi-om 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.
XXX.08 Site Owner's Responsibility for Costs. The site owner is responsible for all costs of
dealing with and abating the public health nuisance, including contractor's fees and the City's costs
for services performed in connection with the clandestine drug lab site clean-up. The City's costs
may include:
8.1 Posting of the site;
8.2 Notification of affected parties;
8.3 Securing the site, providing limited access to the site, and prosecution of unauthorized
persons found at the site;
8.4 Expenses related to the recovery of costs, including the special assessment process;
8.5 Laboratory fees;
8.6 Clean-up services;
8.7 Administrative fees;
8.8 Legal fees; and,
8.9 Other associated costs.
XXX.09 City Action and Recovery of Costs.
9.1 If the site owner fails to comply with any of the requirements of this 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 7.1.2. The
City 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.
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9.2 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 Minn. Stat.
Chap. 463.
9.3 If the City abates the public health nuisance, the City is entitled to recover all of its
actual costs plus an additional twenty -five percent (25 %) 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 site owner or by assessing the costs against the
site as a special assessment under City Code Section 801.05.
XXX.10 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 to the public health nuisance, such as the operators of the clandestine drug lab, or from
other lawful sources.
XXX.11 Unauthorized Removal of Postings. It is unlawful for a person, except authorized City
personnel, to remove a temporary or permanent declaration of public health nuisance or Do Not
EnterBUnsafe to Occupy Order from a clandestine drug lab site.
XXX.12 Entry Into or Onto Site. While a declaration of public health nuisance for a site is in
I effect and has been posted at the site, no person, other than a 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.
XXX.13 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 site, 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 City health authority, and only in
cases of hardship after:
13.1 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,
13.2 The owner of the personal property agrees in writing that the owner:
13.2.1 Is aware of the danger of using the contaminated property;
13.2.2 Will thoroughly clean the property to remove all contamination before the
property is used; and,
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13.2.3 Releases and agrees to indemnify the City from all liability to the owner and
third parties for injuries or damages alleged to have been caused by the
contaminated property.
XXX.14 Each violation of this Ordinance is a misdemeanor punishable by a fine of up to $1,000.00
and incarceration of up to ninety (90) days.
This Ordinance is effective upon publication.
Adopted by the City Council of the City of Mendota Heights, Minnesota on September 7th, 2004
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4thle-en Swanson, Clerk
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