§ 44-119. Hazardous materials or medical waste; notification.

(a)

Any landlord or property owner of residential real estate, or agent thereof, that discovers materials or substances of its tenant which are hazardous or medical waste as defined in this article, that such landlord has exercised possession and control over and has formed the intention to discard on a county right-of-way, easement, or on any property owned or maintained by the county in connection with an eviction by such landlord or property owner of residential real property, or agent thereof, shall leave such materials or substances on the premises of the property where found and shall notify the director of the division of public works, hereinafter referred to as, "director," by e-mail or fax immediately following such discovery.

(b)

The director shall direct the county fire department HazMat team or one of its members to the site where the suspected hazardous material or substance or medical waste is located to make an inspection of such materials or substances. If the employee determines that the materials or substances are in fact hazardous materials or substances or medical waste as defined in this article, the employee shall notify the director of that finding. The director, or his designee, shall direct the landlord or property owner of residential real estate, or agent thereof, to dispose of the hazardous materials or substances in compliance with all applicable laws, including contacting a commercial hazardous recovery agency to remove and dispose of the hazardous materials. Should the landlord, property owner or agent fail to hire such commercial contractor, the county shall have the authority to remove the hazardous materials or substances or medical waste or hire a commercial enterprise to remove and dispose of the hazardous material or substances or medical waste at the owner's expense.

(Code 1992, § 28-118; Ord. No. 316, § 2, 8-14-2006)