Pubdate: Thu, 31 Mar 2005
Source: Charleston Daily Mail (WV)
Copyright: 2005 Charleston Daily Mail
Contact:  http://www.dailymail.com/
Details: http://www.mapinc.org/media/76
Author: Jake Stump, Daily Mail Staff
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

METH MAY AFFECT LANDLORDS' WALLETS

St. Albans has passed an ordinance requiring landlords to clean up
meth labs that are busted in the property they own, and other cities
like Charleston could follow suit.

Officials say the St. Albans ordinance is the first of its kind in the
state, and some landlords fear similar acts will spread through West
Virginia much like the meth epidemic itself.

"It's a pattern of the past," said Ken Kelly, president of the West
Virginia Landlords Association. "It's no different than a user fee in
Huntington spreading to Charleston."

The St. Albans ordinance holds property owners responsible for the
cost and cleanup of any clandestine drug lab or chemical dumpsite
found on their land.

Charleston City Councilman Will Hanna, who heads the city's
landlord/tenant task force, said he's unfamiliar with the new law in
St. Albans. He said, however, that it could be a future topic of
discussion for the city.

"We've focused more on the general inspection of rental properties,"
Hanna said.

"But obviously, this would fall into that. It's certainly a growing
problem, as everyone is aware. I applaud St. Albans for their efforts.
It's ultimately their property, and the buck should stop with them.
They have a duty to the public to maintain their property."

More and more meth production seems to be occurring in rented
property.

Last week, police busted an alleged meth lab in a rented room at the
Ivy Terrace Motel in Kanawha City. Last year, the 180-unit Village
Apartments complex in Kanawha City was evacuated when flames from an
out of control meth lab burst through one of the units.

But Kelly of the landlords association believes the St. Albans
ordinance shifts the burden off the drug addict and onto a property
owner. He compared it to lending your car to a good friend and him or
her damaging it.

"In general, it's unfair to landlords," Kelly said. "We loan property
to people we trust. If they're not personally responsible, it comes
back to you. Given this is a litigious society, the public and/or
political officials are looking for someone with deep pockets."

Property owners in St. Albans face up to a $1,000 fine if they fail to
clean up a meth lab within 10 days of it being declared a public
health nuisance. The owner must provide documentation from
environmental or cleaning firms stating that the health risks are
abated for safe occupancy.

If officials can't locate the property owner or if they refuse to
clean up a lab, the city will step in to do the job. The city would
then attempt to recover costs plus an additional 25 percent from the
landowner through civil action.

According to the State Drug Enforcement Administration, it takes
around $1,500 to clean up one meth lab.

St. Albans City Councilman Mac Gray, who wrote the ordinance, said the
city hasn't had to apply the law yet.

Gray said he introduced the law because the chemical elements from
meth labs could linger around structures and pose a health hazard to
occupants and neighbors.

"It's likely there'd be residue in the furniture and the walls," Gray
said. "The toxicity just doesn't go away if it's there. Before, we had
no right under the law to tell people they had to do anything. If we
busted a meth lab, we'd arrest the appropriate parties but they may
have been other people living in their house. One can safely assume
the people remaining there are exposed to toxic substances."

Still, landlords like Kelly think the law applies too much
responsibility to the property owner especially if he or she was
unaware of any drug manufacturing.

Kelly said he wasn't sure who should have to front the costs of meth
lab clean ups. He believes officials should hold the tenant, or drug
user, 100 percent accountable.

"For tenants who deal drugs, their top priority are drugs and not
paying for their irresponsible actions," Kelly said. "You do
everything you can to rent to responsible people."

Kelly said most landlords conduct background and credit checks on
possible tenants.

Instead of placing blame on a certain group in society, Kelly insists
entire communities work together in battling the meth outbreak.

"It should be a part of a broader scope like homeland security," he
said. "All can contribute to the public's safety. We may look at
addressing it from that aspect."
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MAP posted-by: Larry Seguin