12-1000

12-1000. Clandestine drug laboratories;
notice; cleanup; residual contamination; civil penalty; immunity;
restitution; violation; classification

A. If a peace officer discovers a clandestine drug laboratory or arrests a person
for having on any real property chemicals or equipment used in manufacturing
methamphetamine, ecstasy or LSD or a derivative of methamphetamine, ecstasy or LSD, the
peace officer:

1. At the time of the discovery or arrest, shall deliver a copy of the notice of
removal pursuant to subsection B of this section to the owner of the real property if the
owner is on the site at the time of delivery, the on-site manager if the manager is on
the site at the time of delivery or the on-site drop box if available. In the case of a
tenant-owned unit in a space rental mobile home or recreational vehicle park, the officer
shall deliver a copy of the notice of removal to the occupant of the unit if the occupant
is on site at the time of delivery and to the on-site park landlord if the park landlord
is on site at the time of delivery.

2. Within two business days after the discovery or arrest, shall send the notice of
removal by certified mail to the owner of the real property and the owner's on-site
manager or, in the case of a space rental mobile home or recreational vehicle park, to
the owner of the mobile home or recreational vehicle, if applicable, and to the park
landlord. These persons are deemed to receive the notice of removal five days after the
notice is mailed. The notice shall be sent to the following:

(a) The owner's address on file with the county assessor. The county shall waive
any fee or charge for the owner's address information.

(b) The county health department.

(c) The appropriate local fire department.

(d) The state board of technical registration.

3. After a law enforcement or other agency removes the gross contamination on the
real property, shall order the removal of all persons from the residually contaminated
portion of the real property or dwelling unit, if applicable, or, in the case of a space
rental mobile home or recreational vehicle park, from the unit located on the real
property.

4. After the peace officer removes all persons pursuant to paragraph 3 of this
subsection, shall affix the notice of removal in a conspicuous place on the real property
or, in the case of a space rental mobile home or recreational vehicle park, on the unit
located on the real property. The notice of removal shall state that it is unlawful for
any person other than the owner, landlord or manager to enter the residually contaminated
portion of the property until the owner remediates the residually contaminated portion of
the property.

B. The notice of removal shall be in writing and shall contain all of the
following:

1. The word "warning" in large bold type at the top and bottom of the notice.

2. A statement that a clandestine drug laboratory was seized or a person was
arrested on the real property for having chemicals or equipment used in the manufacturing
of methamphetamine, ecstasy or LSD on the real property.

3. The date of the seizure or arrest.

4. The address or location of the real property, including the identification of
any dwelling unit, room number, apartment number or vehicle number.

5. The name of the law enforcement agency or other agency that seized the
clandestine drug laboratory or made the arrest and the agency's contact telephone number.

6. A statement that hazardous substances, toxic chemicals or other waste products
may still be present on the real property or, in the case of a space rental mobile home
or recreational vehicle park, in the unit located on the real property.

7. A statement that it is unlawful for any unauthorized person to enter the
residually contaminated portion of the real property or, in the case of a space rental
mobile home or recreational vehicle park, the unit located on the real property, until
the owner, landlord or manager establishes that the portion of the real property noticed
as residually contaminated has been remediated by a drug laboratory site remediation
firm.

8. A statement that it is a class 6 felony to violate this section.

9. A statement that it is a class 2 misdemeanor to disturb the notice of removal
posted on the real property.

10. A statement that the owner of the real property shall remediate the residually
contaminated portion of the property in compliance with subsection C of this section.

11. A statement that if an owner fails to provide any notice required by this
section, the owner is subject to a civil penalty and a buyer, tenant or customer may void
a purchase contract, rental agreement or other agreement.

C. The owner of the real property shall remediate the residually contaminated
portion of the real property within twelve months after the date of notice of removal by
retaining a registered drug laboratory site remediation firm pursuant to title 32,
chapter 1. If the owner of the real property fails to remediate the property under this
subsection, a county or city in this state may remediate the property using a registered
remediation firm contracted by any county or city in this state with the cost of
remediation passed on to the property owner in the form of a lien on the property title.

D. A drug laboratory site remediation firm that remediates the residually
contaminated portion of any real property pursuant to this section shall comply with the
requirements established and the best practices and standards for remediation of residual
contamination adopted by the state board of technical registration pursuant to title 32,
chapter 1. When remediation is complete, the drug laboratory site remediation firm shall
remove the posted notice and shall issue a document stating that the residually
contaminated portion of the real property has been remediated. Within twenty-four hours
after the remediation is complete, the drug laboratory site remediation firm shall
deliver the document or send the document by certified mail to each person and entity
listed in subsection A, paragraph 2 of this section and the law enforcement agency that
issued the notice under that subsection. After the document has been issued, both of the
following apply:

1. The owner, landlord or manager of the real property is not required to comply
with subsection F of this section.

2. Any person may use, enter, occupy, rent or sell the real property.

E. The county health department shall maintain and make available on request any
documents that are received pursuant to subsection D of this section.

F. The following notice requirements apply until the remediation is complete as
provided in subsection D of this section:

1. Within five days after a buyer signs a contract to purchase the real property,
the owner shall notify the buyer in writing that methamphetamine, ecstasy or LSD was
manufactured on the real property or that an arrest was made pursuant this section. The
buyer shall acknowledge receipt of the notice. A buyer may cancel the real estate
purchase contract within five days after receiving the notice. If the owner does not
comply with this paragraph, the buyer may cancel the purchase contract.

2. The landlord shall notify a prospective tenant for a dwelling unit that was the
subject of the notice in writing that methamphetamine, ecstasy or LSD was manufactured on
the real property or that an arrest was made pursuant to this section. The tenant shall
acknowledge receipt of the notice before taking possession of the real property or before
signing a rental agreement for the real property. The notice shall be attached to the
rental agreement. If the landlord does not comply with this paragraph, the tenant may
void the rental agreement.

3. Before a customer occupies a room that was the subject of the notice, the owner
or manager shall notify the customer in writing that methamphetamine, ecstasy or LSD was
manufactured in the room or that an arrest was made pursuant to this section. If the
owner or manager does not comply with this paragraph, the customer may void the
agreement.

4. The owner shall notify a buyer or prospective tenant in writing that
methamphetamine, ecstasy or LSD was manufactured in the mobile home or recreational
vehicle or that an arrest was made pursuant to this section. The buyer shall acknowledge
receipt of the notice before taking possession of the mobile home or recreational
vehicle. A buyer may cancel the purchase contract within five days after receiving the
notice. The tenant shall acknowledge receipt of the notice before taking possession of
the mobile home or recreational vehicle or before signing a rental agreement for the
mobile home or recreational vehicle. The notice shall be attached to the rental
agreement. If the owner does not comply with this paragraph, the tenant may void the
rental agreement.

5. If a mobile home or recreational vehicle in a space rental park contains a
clandestine drug laboratory, the landlord, on receipt of a notice pursuant to this
section, shall notify the lienholder of record and the owner of record of the unit to
remove it from the park within thirty days. If the unit is not removed within thirty
days, the landlord may remove or demolish the unit and dispose of it as junk and shall
notify the department of transportation of the demolition. A landlord that complies with
this subsection is not liable for such action.

G. If an owner fails to provide any notice required by this section, the owner is
subject to a civil penalty of one thousand dollars and is liable for any harm resulting
from the owner's failure to comply with the requirements of this section.

H. A state or local government and a state or local government's employees or
authorized representatives are not responsible parties as prescribed by section 49-283
and are not liable for costs or damages incurred as a result of action taken in
compliance with this section. This subsection does not preclude liability for costs or
damages that result from gross negligence or intentional misconduct by a state or local
government. For the purposes of this subsection, "gross negligence" means reckless,
wilful or wanton misconduct.

I. A person who operates a clandestine drug laboratory and who is not the owner of
the real property shall pay restitution to the owner of the real property for all costs
that the owner incurred to remediate the property.

J. A person who knowingly violates an order or notice of removal that is issued by
a peace officer under this section is guilty of a class 6 felony. A person who knowingly
disturbs a notice of removal posted on the real property is guilty of a class 2
misdemeanor.