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. . . The City Council of the City of Elk River has determined that Ordinance 06-~ should be published in summary form. Summary of Ordinance #06- 05 AN ORDINANCE OF THE CITY OF ELK RIVER ADDING TO CHAPTER 26 Health and Sanitation Article III. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites The purpose of this article is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Properties used as drug labs or dump sites contain chemical residues which are health hazards for current residents, future residents, neighbors, and the general public. The following definitions are used throughout the ordinance. A chemical dump site is any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located. A clandestine drug lab operation means the unlawful manufacture or attempt to manufacture a controlled substance. Clandestine drug lab sites can exist in any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. This may include real property, personal property, dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location. Upon discovering the existence of a clandestine drug lab or chemical dump site, law enforcement must notify appropriate city, county, state and local authorities. Law enforcement will take steps to treat, store, or transport or dispose of hazardous waste located on that property and declare the site and any personal property attached to it a temporary public health nuisance. All occupants of the site must vacate immediately. Within 48 hours of the temporary declaration, the city environmental administrator will inspect the site and issue a permanent declaration of public heath nuisance. This permanent declaration carries with it a "DO NOT ENTER- Unsafe to Occupy" order which is posted on all doorways and entrances to the site. Any person found in violation of this order is guilty of a misdemeanor. The city environmental administrator will also issue an abatement order to the site owner. The abatement order details the owner's rights and responsibilities regarding the site. Notice must be given to any concerned party including city, county, state and federal officials, occupants or residents of the site, neighbors, and child protection services. A site owner has 10 days from the date of the abatement order to notify the city environmental administrator in writing that the order was complied with, and that the owner h~s contracted with an environmental hazard testing and cleaning firm. The site owner and the city environmental administrator will agree on a clean up schedule, and the site owner must provide documentation of compliance. Site owners are responsible for all costs, including those of the city, arising from the public health nuisance and its abatement. 1