Section 46.03.500. Notice of illegal drug manufacturing site; Internet list.

   (a) When a law enforcement officer or team of law enforcement officers, qualified under federal regulations to investigate and dismantle illegal drug manufacturing sites, determines that a site constitutes an illegal drug manufacturing site, the primary law enforcement agency that conducted the investigation shall notify the owner of the property, the occupants and users of the property, and the department that the determination has been made. The owner of the property may appeal the determination to the superior court for review of whether the determination was made in compliance with this subsection. In the appeal, the burden of proving by a preponderance of the evidence that the determination was made in compliance with this subsection is on the primary law enforcement agency that conducted the investigation.
   (b) The notice to the property owner required under (a) of this section shall be given in a manner that is consistent with the Alaska Rules of Civil Procedure for the service of process in a civil action in this state and must include the following information:
        (1) the parcel identification number and legal description of the property where the site is located;
        (2) a statement of the determination made by the primary law enforcement agency that the site was an illegal drug manufacturing site and the findings that formed the basis for the determination;
        (3) a citation to, and short summary of, AS 46.03.510, which restricts transfer and occupancy of the site until it is determined to be fit for use; and
        (4) the following information, which shall be provided to the primary law enforcement agency by the department:
             (A) a copy of the standards contained in regulations adopted under AS 46.03.530 that determine whether the property is fit for use;
             (B) a copy of the sampling and testing procedures established under AS 46.03.520(b) and a copy of the list of laboratories maintained under AS 46.03.520(c) that must be used for determining whether the property is fit for use; and
             (C) a copy of the guidelines for decontamination established by the department under AS 46.03.540(b).
   (c) The notice to the department required under (a) of this section must include
        (1) the parcel identification number and legal description of the property where the site is located;
        (2) a statement of the determination made by the primary law enforcement agency that the site was an illegal drug manufacturing site and the findings that formed the basis for the determination; and
        (3) the name and mailing address of the person who owns the property where the site is located.
   (d) The notice required under (a) of this section for the occupants and users of the property shall be accomplished by immediate posting of the property with a notice that includes the location of the property, the information described in (b)(2) and (3) of this section, and a statement that the property may pose a substantial risk of physical harm to persons who occupy or use the property. For purposes of posting of the notice to the occupants and users of the property required by this subsection, the posting shall be made, for property that is
        (1) a single family dwelling, at the main entryway of the property; and
        (2) other than a single family dwelling and for a hotel, motel, public inn, or similar place of public accommodation that provides lodging, at the door of the unit that is the site that constitutes the illegal drug manufacturing site.
   (e) If a person other than the owner, such as a property manager or rental agency, is authorized to let others use or occupy property for which an owner has received a notice under (a) of this section or is authorized to transfer, sell, lease, or rent the property to others, the owner of the property shall communicate the substance of the notice to that person within four days after receiving the notice.
   (f) The department shall maintain on its Internet website a list of all properties for which a notice has been issued under (a) of this section. For each of those properties, the list must contain the parcel identification number, legal description, and physical address and owner's name at the time the notice was issued.

Authorities

46.03.510;46.03.520;46.03.530;46.03.540;46.03.550;46.03.560;46.03.570;46.03.599

Notes

Implemented As

18 AAC 79.010
18 AAC 79.020
18 AAC 79.030
18 AAC 79.040
18 AAC 79.050

References

18 AAC 79.010
AS 46.03.510 Restrictions on property.
AS 46.03.520 Sampling and testing procedures.
AS 46.03.530 Standards for determining fitness.
AS 46.03.540 Decontamination requirements.
AS 46.03.550 Fitness for use.
AS 46.03.560 Securing the property.
AS 46.03.570 Duties of the department; regulations.
AS 46.03.599 Definitions.

History

(Sec. 2 ch 142 SLA 2003; am Sec. 19 ch 53 SLA 2006)