07-14-2004 Council Agenda - Laserfiche WebLink

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4/E4," end /• 17 -17 Article 5. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites Sec. 17 -70. Definitions. The definitions in this Section shall apply when these words and phrases are used in this Article. (1) Child. Any person less than 18 years of age. (2) Chemical Dumpsite. Any place or area where chemicals or other waste materials have been located. (3) Clandestine drug lab. The unlawful manufacture or attempt to manufacture controlled substances. (4) Clandestine drug lab site. 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. (5) Controlled substance. 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. (6) Owner. 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. (7) Public Health Nuisance. A nuisance as defined under Section 17 -2 of the New Brighton City Code or under Minn. Stat. § 145A.02, subd. 17. Sec. 17 -71. Purpose and Intent. The purpose of this Article 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. Sec. 17 -72. Declaration of Property As a Public Health Nuisance. (1) Any property containing a clandestine drug lab or chemical dumpsite will be declared a public health nuisance. (2) No person may occupy, enter or allow occupancy or entrance to property declared a public health nuisance under this Section until such declaration is vacated or modified to allow occupancy. 17 -18 Sec. 17 -73. Law Enforcement Notice to Other Authorities. Upon identification of a clandestine drug lab site or chemical dumpsite deemed to place neighbors, visiting public, or present and future occupants of the affected property at risk for exposure to harmful contaminants and other associated conditions, law enforcement officials will notify the City Sanitarian and other appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found. Sec. 17 -74. Seizure of Property. (1) If a clandestine drug lab or chemical dump site is located inside a vehicle, boat, trailer, or other form of moveable personal property, law enforcement authorities may immediately seize such property and transport it to a more secure location. (2) Personal property may not be removed from a clandestine drug lab site or a chemical dump site without the prior consent from the City Sanitarian. Sec. 17 -75. Action by City Sanitarian. (1) Upon notification by law enforcement authorities, the City Sanitarian or other appropriate municipal or public health authority will issue a Declaration of Public Health Nuisance for the 2