Ordinance No. 1189 02-23-2004ORDINANCE NO. 1189
AN ORDINANCE CREATING A NEW CHAPTER OF THE FRIDLEY CITY CODE
PERTAINING TO CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows:
FRIDLEY CITY CODE
CHAPTER 130. CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES
130.01. General Provisions.
1. Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health
risks where law enforcement officers or fire officials have determined that hazardous chemicals
from a suspected clandestine drug lab site or associated dump site may exist. The City Council
finds that 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, now and in the future.
Based upon professional reports, assessments, testing and investigations, the City Council finds
that such hazardous chemicals can condense, penetrate, and contaminate on the land, surfaces,
furnishings, buildings, and equipment in or near structures or other locations where such sites
exist. The Council finds that these conditions present health and safety risks to residents,
occupants and visitors through fire, explosion, skin and respiratory exposure and related
dangers. The Council further finds that such sites present health and safety risks to occupied
residences, buildings and structures and to the general housing stock of the community.
2. Interpretation and A�plication. In their interpretation and application, the provisions of
this Ordinance shall be construed to protect the public health, safety and welfare.
Where the conditions imposed by any provision of this Ordinance are either more or less
restrictive 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 shall prevail.
Should any court of competent jurisdiction declare any section or subpart of this Ordinance to
be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part
thereof, other than the provision declared invalid.
3. Fees. Fees for the administration of this Ordinance may be established and amended
periodically by ordinance of the City Council.
4. Definitions. For the purpose of this Ordinance, the following terms or words shall be
interpreted as follows:
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A. Buildin� Official shall mean the City of Fridley's Chief Building Official or his/her
designee.
B. Child shall mean any person less than 18 years of age.
C. Chemical dumpsite shall mean any place or area where chemicals or other waste
materials used in a clandestine drug lab has been located.
D. Citv shall mean the City of Fridley.
E. Clandestine dru.°� lab shall mean the unlawful manufacture or attempt to manufacture
controlled substances.
F. Clandestine dru� lab site shall mean any place or area where law enforcement or fire
officials have determined that conditions associated with the operation of an unlawful
clandestine drug lab exist. A clandestine drug lab site may include motor vehicles,
trailers, boats or other movable property, dwellings, accessory buildings, accessory
structures, commercial structures, multi- family structures, a chemical dump site or any
land.
G. Controlled substance shall mean a drug, substance or immediate precursor in Schedules
I through V of Minn. Stat. § 152.02. The term shall not include distilled spirits, wine,
malt beverages, intoxicating liquors or tobacco.
H. Environmental testin� and cleanin� firm or contractor shall mean a business or
individual with established competence as designated by the State of Minnesota
Department of Health specific to the environmental task being performed.
I. Fire Marshal shall mean the City of Fridley's Fire Marshal or his/her designee.
J. Hazardous wastes shall mean waste generated, including equipment, from a clandestine
drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner
consistent with the Minnesota Department of Health, Minnesota Pollution Control, and
Anoka County Health Department rules and regulations.
K 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, packing, repacking, tableting, encapsulating, labeling,
relabeling, filling, or by other process, of drugs.
L. Minnesota Department of Health �uidelines shall mean the most current version of
standards or guidelines, including but not limited to "Clandestine Drug Labs General
Cleanup Guidelines, as promulgated by the State of Minnesota Department of Health
for the testing or remediation of clandestine drug lab or chemical dump sites; and
which standards or guidelines are hereby incorporated by reference and made a part of
this Ordinance.
M Owner shall mean any person, firm or corporation who owns, in whole or in part, the
land, buildings, structures, motor vehicles, trailers, boats or other movable property
associated with a clandestine drug lab site or chemical dumpsite.
N. Public health nuisance. All dwellings, accessory structures and buildings or adjacent
property associated with a clandestine drug lab site are potentially unsafe due to health
hazards and are considered a public health nuisance pursuant to Minn. Stat. §463.15, et
seq.; § 412.221, et seq.; and 145A.01, et seq.
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Ordinance No.1189
130.02. Administration.
Page 3
1. Law Enforcement or Fire Department Notice to Other Authorities. Law enforcement
authorities or Fire Department officials that identify conditions associated with a clandestine
drug lab site or chemical dump site that places neighbors, visiting public, or present and future
occupants of the site at risk for exposure to harmful contaminants and other associated
conditions, must promptly notify the appropriate municipal, child protection, and public health
authorities of the property location, property owner if known, and conditions found.
2. Declaration of Property as a Public Health Nuisance. If law enforcement or fire officials
determine the existence of a clandestine drug lab site or chemical dumpsite, the property shall
be declared a public health nuisance.
3. Notice of Public Health Nuisance to Concerned Parties. Upon notification by law
enforcement or Fire Department authorities, the Building Official or Fire Marshal shall
promptly issue a Declaration of Public Health Nuisance for the affected property and post a
copy of the Declaration at all entrances to the dwelling, property or site. The Building Official
or Fire Marshal issuing said Declaration shall also notify the owner of the property by mail and
notify the following parties:
A. Occupants of the property;
B. Neighbors at potential risk;
C. The Fridley Police Department, Fridley Fire Department, Anoka County
Community Health and Environmental Services; and
D. Other state and local authorities, such as Minnesota Pollution Control Agency
(MPCA) and Minnesota Department of Health, which are known to have public
and environmental protection responsibilities that are applicable to the situation.
E. The Building Official or Fire Marshal issuing said Declaration may notify any
financial institution with an interest of record of the Declaration of Public
Health Nuisance and shall notify such financial institution should the property
owner fail to arrange for timely and appropriate assessment and clean up.
F. The Building Official or Fire Marshal issuing said Declaration may notify the
insurance company with a policy known to be applicable to the subject property
and shall notify such insurance company should the property owner fail to
arrange for timely and appropriate assessment and clean up.
G. The Building Official or Fire Marshal issuing said Declaration may cause a
certified copy of the Declaration of Public Heath Nuisance to be filed with the
Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of
the nuisance as required herein, the Building Official or Fire Marshal issuing
said Declaration shall cause a notice of successful abatement or removal of
Declaration of Public Health Nuisance to be so recorded.
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4. Property Owner's Responsibility to Act - Order for Abatement. The Building Official or
Fire Marshal shall also issue an order to the owner to abate the public health nuisance, including
the following:
A. That the owner, tenant, occupants or other persons in possession of the premises
shall immediately vacate those portions of the property, including building and
structure interiors, or dump site, which may place such persons at risk No person
shall reside in or occupy any premises or property subject to an order for
abatement until such time as the Building Official or Fire Marshal has
determined that the contamination has been reduced to an acceptable level and
that the cleaning was conducted in accordance with Minnesota Department of
Health guidelines.
B. Promptly contract with appropriate environmental testing and cleaning firms to
conduct an on-site assessment, complete clean-up and remediation testing and
follow-up testing, and determine that the property risks are sufficiently reduced in
accordance with Minnesota Department of Health guidelines. The property owner
shall notify the City of actions taken and reach an agreement with the City on the
clean-up schedule. The City shall consider practical limitations and the
availability of environmental or other contractors in approving the schedule for
clean-up.
C. Provide written documentation of the clean-up process, including a signed,
written statement that the contamination has been reduced to an acceptable level
and that the clean-up was conducted in accordance with Minnesota Department
of Health guidelines.
5. Property Owner's Responsibility for Costs. The property owner shall be responsible for
all costs of assessment, testing, abatement or clean-up of the site, including contractor's fees and
public costs for services that were performed in association with a clandestine drug lab site or
chemical dump site clean-up. The Building Official or Fire Marshal shall prepare and provide to
the property owner a Statement of Itemized Public Costs which shall be due and payable upon
receipt. Public costs may include, but are not limited to:
A. Posting of the site;
B. Notification of affected parties;
C. Expenses related to the recovery of costs, including the assessment process;
D. Laboratory fees;
E. Clean-up services, including septic systems;
F. Administrative fees;
G. Emergency response costs;
H. Other associated costs; and
I. Any legal costs including attorney fees related to the nuisance abatement.
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Ordinance No.1189
6. Recovery of Public Costs
Page 5
A. If, after service of notification of the Declaration of Public Health Nuisance, the
property owner fails to arrange appropriate assessment and clean-up, the
Building Official or Fire Marshal is authorized to proceed in a prompt manner to
initiate the on-site assessment and clean-up.
B. If the City is unable to locate the property owner within ten (10) days of the
Declaration of Public Health Nuisance, the City is authorized to proceed in a
prompt manner to initiate the on-site assessment and clean-up.
C. The City may abate the nuisance by removing the hazardous structure or
building, or otherwise, according to Minnesota Statutes Chapter 463. In cases
involving motor vehicles, trailers, boats or other movable property, the City may
abate the nuisance by disposal of the property.
D. If the City abates the public health nuisance, or otherwise incurs public costs, in
addition to any other legal remedy, the City shall be entitled to recover all public
costs. The City may recover costs by civil action against the person or persons
who own the property or by assessing such costs as a special tax against the
property in the manner as taxes and special assessments are certified and
collected pursuant to Minn. Stat. § 429.101.
E. Nothing herein shall limit the authority of the City to enforce this ordinance or
seek any other legal remedy to abate the nuisance through declaratory action,
injunction, nuisance declaration or otherwise.
7. Authority to Modify or Remove Declaration of Public Health Nuisance.
A. The Building Official or Fire Marshal is authorized to modify the Declaration
conditions or remove the Declaration of Public Health Nuisance.
B. Such modifications or removal of the Declaration shall only occur after
documentation from a qualified environmental or cleaning firm stating that the
health and safety risks, including those to neighbors and potential dwelling
occupants, are sufficiently abated or corrected in accordance with Minnesota
Department of Health guidelines.
130.03. City Council Review.
The owner of the property or any party with a legal interest in the property who has been issued
a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public
Costs may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the
Statement of Public Costs to the City Council. The appeal shall be in writing filed with the City
Clerk and Anoka County Community Health and Environmental Services, specifying the
grounds for the appeal and the relief requested The appeal must be filed within ten days of the
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issuance of the item from which appeal is taken. The City Council shall hear the appeal at the
ne�t available City Council meeting. Upon review, the City Council may affirm, modify or
reverse the action taken. The filing of an appeal shall suspend the terms of the Declaration of
Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is
applicable. However, in the instance of an appeal from an Order for Abatement, the appeal shall
not suspend that part of the order prohibiting occupancy of the property.
130.04. Violations and Penalties.
Any person violating any provision of this Article is guilty of a misdemeanor and upon
conviction shall be subject to the penalties set forth in Minn. Stat. § 609.02, Subd. 3.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF FEBRUARY 2004.
ATTEST
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Debra Skogen, City Cl
First Reading:
Second Reading:
Publication:
February 9, 2004
February 23, 2004
March 4, 2004
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Scott J. Lund, Mayor