[HISTORY: Adopted by the City Council of the City of Nanticoke 7-1-2015 by Ord. No. 5-2015. Amendments noted where applicable.]
The City Council of the City of Nanticoke hereby makes the following
findings:
A.
The City of Nanticoke is committed to minimizing hazards posed to
public health and safety and to protecting its residents to the maximum
extent possible.
B.
The City already has taken substantial steps to combat its local
and ongoing "War on Drugs."
C.
Substantial hazards are posed to the residents of Nanticoke, and
particularly to the developing, respiratory and neurological systems
of children, as a consequence of exposure to premises wherein methamphetamine
previously was consumed or manufactured.
D.
Upon a reasonable determination that particular premises have been
occupied by persons either consuming or manufacturing meth therein,
inspection and testing and, when applicable, cleanup, remediation
and contamination abatement must ensue prior to reoccupancy of the
premises by other persons.
E.
Inspection, testing, cleanup, remediation and contamination abatement
procedures prescribed herein shall follow the federal EPA guidelines
for methamphetamine laboratory cleanup, which guidelines are expressly
hereby adopted by the City of Nanticoke.
As used in this chapter, the following terms shall have the
meanings indicated:
The forty-four-page, March 2013, Voluntary Guidelines for
Methamphetamine Laboratory Cleanup, prescribed by the Federal Environmental
Protection Agency, and any future amendments thereto.
Also known as "gross removal," refers to the national guidelines
for safely approaching and securing meth lab sites for first responders
and other officials with immediate need to enter a meth lab or meth
consumption site.
Methamphetamine; a chemical known as "n-methyl-1-phenyl-propan-2-amine.
Methamphetamine is a legitimate drug; however, street meth cooks illegally
manufacture meth using substandard ingredients, e.g., battery acid
and drain cleaner, in an attempt to cheaply create a similar drug.
The meth contamination abatement process is a series of removal,
cleaning, and decontamination steps used to restore a contaminated
area to its original, noncontaminated condition.
The cleanup of residual meth contamination after "gross removal"
has occurred, which is necessary to allow unrestricted future use
of the former meth lab or meth consumption site.
That inspection occurring after "gross removal" to determine
if a former meth lab or meth consumption site requires remediation.
A.
Upon the conclusion of any investigation conducted by the City of
Nanticoke Police Department, or upon learning of the conclusion of
any investigation conducted by any other local, state or federal police
agency that results in either the arrest or conviction of any person
for either use or manufacturing of methamphetamine, or upon the reasonable
determination that such use or manufacturing of methamphetamine occurred
upon real estate situated within the corporate limits of the City
of Nanticoke, the City of Nanticoke's Police Chief shall notify,
in writing, the City of Nanticoke's Code Enforcement Officer
of such findings.
B.
Upon receipt of such written notification from the Nanticoke Police
Chief, the City Code Enforcement Officer shall promptly notify, in
writing, via certified mail, return receipt requested, or served personally,
the owner of such real estate of the Police Chief's findings.
Additionally, the Code Enforcement Officer's notice shall identify
the property owner's need to immediately undertake an inspection,
also known as a "methamphetamine assessment," to determine the presence
of meth contamination, and further to determine the reasonable and
necessary abatement actions to be undertaken in the event that meth
contamination is found. The meth assessment shall be undertaken by
a professional contractor experienced in meth inspection and meth
contamination abatement. The inspection shall be completed and results
furnished to the Code Enforcement Officer within three days of notification,
unless extended by the Code Enforcement Officer. An owner who fails
to comply with this section shall be subject to a fine of $500 per
day provided for herein. Pending receipt of the inspection report,
the premises shall be vacated to the extent necessary to reasonably
protect occupants or other persons from harm. The City Code Enforcement
Officer shall promptly post written notice at all entrance points
of the subject property declaring the premises to be uninhabitable
pending completion of meth contamination assessment and abatement,
reinspection and written certification establishing that the meth
contamination has been fully abated.
C.
The samples taken from the inspected premises shall be fully evaluated
by a professional, experienced, meth testing laboratory. Upon receipt
of the test results from the testing laboratory, the contractor shall
promptly provide, in writing, all test results and lab findings, together
with all recommendations for contamination abatement, simultaneously
to both the property owner and the City Code Enforcement Officer.
D.
Upon written contractor certification that meth contamination has
been fully abated, the City Code Enforcement Officer shall remove
the written nonhabitability notices from the premises and issue a
reoccupancy permit to the property owner. The premises only then may
be reoccupied.
E.
All costs and expenses associated with all inspections, laboratory
testing, contamination abatement, reinspection, compliance certification
and any and all other activities either required herein or naturally
resulting herefrom shall be borne entirely by the property owner,
and the City of Nanticoke shall have no responsibility whatsoever
to pay any costs or expenses related to the activities required to
be undertaken by the property owner pursuant to this chapter. The
Code Enforcement Officer shall not permit the building to be occupied
until all such expenses are paid in full.
F.
All inspections, assessments, laboratory testing, contamination abatement,
reinspection, compliance certification, and any and all other activities
either required herein or naturally resulting herefrom shall be conducted
in conformity with the March 2013 federal EPA Guidelines for Methamphetamine
Laboratory Cleanup, or such future amendments thereto as may be applicable.
It is the express intention of the Council of the City of Nanticoke
to adopt all future editions of the federal EPA Guidelines for Methamphetamine
Laboratory Cleanup, without the necessity of amending this chapter,
and such future amendments are hereby adopted.
A.
City officials understand and appreciate the hardships resulting
to landlords who rent premises to tenants who consume and/or manufacture
meth upon their rented premises.
B.
Landlords are urged to contact law enforcement agencies immediately
upon suspicion of meth activities occurring within their rented premises.
The earlier that police intervention occurs, the less meth contamination
that may result to the rented premises, hence lowering meth contamination
abatement costs to the landlord.
A.
No person shall fail to comply with any inspection mandates, vacate
the premises during testing or meth contamination abatement, etc.,
as required herein.
B.
Any person convicted of any offense under this chapter shall be fined
up to $500, and each day's noncompliance shall be deemed to be
a separate offense.
C.
Any person who fails to timely pay a fine or costs under this chapter
shall have a lien placed against his/her property for the amount of
the fine and all costs associated with enforcement of this chapter.
