Idaho Code 6-2606 – Residential Property Owner Cleanup Responsibility
Current as of: 2023 | Check for updates
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(1) Except as otherwise provided in subsection (2) of this section, and pursuant to rules adopted as provided in this chapter, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory have been located on the owner’s residential property, the residential property owner shall meet the cleanup standards established by the department. The residential property shall remain vacant from the time the residential property owner is notified, in accordance with rules adopted as provided in this chapter, of the clandestine drug laboratory until such time as the residential property owner has received a certificate issued by the department evidencing that the cleanup standards have been met.
(2) A residential property owner may, at his or her option, elect to demolish the residential property instead of meeting the cleanup standards established by the department.
Terms Used In Idaho Code 6-2606
- Clandestine drug laboratory: means the areas where controlled substances or their immediate precursors, as those terms are defined in section 37-2701, Idaho Code, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored, and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing or storing. See Idaho Code 6-2603
- Department: means the Idaho department of health and welfare. See Idaho Code 6-2603
- Law enforcement agency: means any policing agency of the state or of any political subdivision of the state. See Idaho Code 6-2603
- Property: includes both real and personal property. See Idaho Code 73-114
- Residential property: means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including a storage facility, mobile home, manufactured home or recreational vehicle that may be sold, leased or rented for any length of time. See Idaho Code 6-2603
- Residential property owner: means the person holding record title to residential property, as defined in this section. See Idaho Code 6-2603