[HISTORY: Adopted by the City Council of the City of Scranton: Art. I, 9-26-1979 as Ch. 17, Art. II, Div. 1, of the 1979 Code; Art. II, as Ord. No. 94-1989 (Ch. 17, Art. II, Div. 2, of the 1979 Code). Amendments noted where applicable.]
Fire prevention — See Ch. 243.
Article I Lead Removal
Article II Recovery of Removal Costs
[Adopted 9-26-1979 as Ch. 17, Art. II, Div. 1, of the 1979 Code]
This Article shall be known as the "Hazardous Substances Control Ordinance."
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Satisfactory compliance as determined by the Director of the Department of Health.
- That person who heads the Public Health Department or his designated representative.
- DWELLING, DWELLING UNIT, ROOMING HOUSE, ROOMING UNIT
- A building or structure which is wholly or partly used or intended to be used for living, sleeping, cooking or recreation by human occupants.
- EXTRACTABLE OR LEACHABLE LEAD
- The quantity of lead in solution form as applied to food containers, cooking, eating or drinking utensils or tableware shall not exceed seven (7) micrograms per milliliter.
- Any building or structure and equipment therein.
- LEAD PAINT
- Any pigmented, liquid substance applied to surfaces by brush, roller, spray or other means in which the total nonvolatile ingredients contain more than five-tenths percent (0.5%) of lead by weight, calculated as lead metal either as a liquid or as dried film already applied.
- A lot, plot or parcel of land including all facilities thereon.
- Includes, but not limited to lead bearing putty, ceramics, plumbing, sealers, paint and similar items.
- Includes, but not limited to such areas as window sills, window frames, doors, door frames, walls, ceilings, porches, stairs, handrails, toys, furniture, food utensils and other appurtenances.
It shall be unlawful for any person in the city to use or apply or cause to be used or applied lead paint, as defined in this Article, or any substance containing lead in excess of five-tenths percent (0.5%) by weight to interior surfaces and to those exterior surfaces accessible to children of any premises, dwelling, dwelling unit, rooming house, rooming unit or facility occupied or used by children.
The owner of a residential building shall be notified that a health hazard exists when the interior surfaces of the building contain free lead or lead in its compounds in any quantity of more than one (1) milligram per square centimeter.
It shall be unlawful for any person to sell, transfer, give or deliver toys or furniture to which lead paint has been applied.
It shall be unlawful for any person to sell, transfer, give or deliver any food container, cooking, eating or drinking utensil or tableware having extractable or leachable lead on it or in it.
Containers in which substances having lead content are stored, sold, transferred or added for wholesale or retail purposes shall be labeled in conformance with state and federal laws and regulations and recommended standards of the Federal Hazardous Substances Labeling Act.
When the Director of Public Health determines that the presence of lead paint or a lead bearing substance upon any premises creates a health hazard to children or other persons he shall issue a ten-day notice to the owner or occupant to eliminate the hazard; however, at the discretion of the Director of Public Health, additional time may be granted to remove, abate or remedy such condition.
Lead paint shall be completely removed from any surface which can be chewed or eaten by children; loose, cracked, chipped, blistered, peeling lead paint or other accessible lead bearing substances shall be completely removed. In lieu of removal of the lead paint, the accessible surfaces shall be covered with an approved, durable protective material.
The methods used for the removal of lead paint shall not present a hazard to health from fumes, dust or vapors by inhalation or absorption through the skin and mucous membranes and shall be in accordance with all applicable laws, ordinances, regulations and safety standards and practices, of the city and state and federal agencies.
No owner or landlord found to be in violation of § 278-6 herein may evict, or cause to be evicted, occupants with children for the purpose of avoiding corrective maintenance orders by the Director of Public Health, a court or other appropriate authority to eliminate hazardous lead exposures. Further, the families with children shall be permitted to continue their lease or rental agreement executed prior to corrective maintenance.
A failure to perform corrective maintenance shall cause the dwelling to be declared unfit for human habitation.
Every public health official, physician or director of a laboratory, hospital or other treatment facility who diagnoses or suspects the existence of lead poisoning in any person shall immediately notify, in writing, the Director of Public Health of such fact. Notification shall include name and age of the individual, name of parents (or employer if person is an adult) and present address.
In addition to any other sanction or remedial procedure, any owner, landlord, occupant or other person who shall violate any provision of this Article, upon conviction thereof, shall be fined not less than fifty dollars ($50.) nor more than three hundred dollars ($300.) or be confined in jail not exceeding ninety (90) days, or both. Each day's continuance of a violation shall constitute a separate offense.
[Adopted as Ord. No. 94-1989 (Ch. 17, Art. II, Div. 2, of the 1979 Code]
The City of Scranton hereby adopts this Article to be entitled, "Reimbursement for Removal of Hazardous and Toxic Material."
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, corporation, association, partnership, joint-stock company, business trust, syndicate, joint adventureship or other combination or group of persons.
- EXTRAORDINARY EXPENSE
- That expense and those related costs and fees that are incurred by the city for any extraordinary service, including but not limited to the city's actual cost of labor and materials associated with the use of any specialized extinguishing or abatement agent, chemical neutralizer or similar equipment or material that is employed to extinguish, confine, neutralize, contain or clean any material that is or may be involved in a fire, spill or the threat of any spill or fire.
- EXTRAORDINARY SERVICE
- A service performed by the Scranton Fire Department, the Scranton Police Department, the Public Works Department, the Building Inspection Bureau, the Parks and Recreations Department or any other city Department or Bureau that is in addition to or above the normal services provided by such Departments or Bureaus. "Extraordinary services" are the abatement and disposition of hazardous, toxic, infectious or chemical waste and material, including but not limited to spills or the threat of spills of such waste and materials, utility line breaks or leakages, other imminent or perceived or possible threats to the health, safety or welfare of city residents and those incidents where a property owner has been previously warned about violations of any city ordinance that, in the judgment of the city, are a particular threat to the health, safety or welfare of the city residents, and for which the owner (or owners, agent or person in charge of the property) has neglected to comply or has refused compliance therewith.
The city shall impose upon or be reimbursed by any responsible entity all fees, extraordinary expenses and any other related costs incurred for any and all extraordinary service performed by, on behalf of or at the request of the city.
The City Business Administrator shall collect all fees as follows:
Fees and costs (including overhead costs) shall encompass all manpower, equipment, materials and maintenance expenses in such a form as to ensure the city's full reimbursement for charges for services actually rendered. A particular cost or fee schedule need not be set forth in this Article or elsewhere in the city ordinances or by further formal action by the City Council. The City Council's approval of this Article shall constitute authorization for the Business Administrator (or his designee) to collect all such fees and costs (including overhead costs) pursuant to his receipt of related expenditures or costs that are submitted to him by the affected city Bureaus or Departments.
Within thirty (30) days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected Bureau or Department shall submit its extraordinary service-related costs, fees, charges and expenses to the Business Administrator for his review. At such time as all costs, fees, charges and expenses related to extraordinary service have been collected and reviewed by the Business Administrator, but in any case not later than sixty (60) days from the date of determining the cost or rendering of the extraordinary services, the Business Administrator shall send a bill for such costs, fees, charges and expenses, to the property owner, agent or manager and/or the person(s) or entity(ies) responsible for the condition which necessitated the rendering of extraordinary services with a demand that a full remittance be made within thirty (30) days of receipt of any bills. In the unusual circumstances that the Business Administrator is not able to determine all the costs associated with the incident within a reasonable time, a partial billing may be made. Interest at the rate of six percent (6%) per annum will be charged on all unpaid balances past due over thirty (30) days. At the discretion of the Department head, materials used by the city may be replaced, in kind, by the person(s) responsible for the incident, in lieu of cash payment.
It is also contemplated that local, state or federal agencies may bill, fine or penalize the city for matters (including but not limited to, cleanup costs, fees or expenses) relating to an extraordinary or dangerous occurrence. The Business Administrator shall, if possible, include any and all such costs or fees in the consolidated bill sent to the property owner. The city shall not, however, waive any right to collect such local, state or federal costs if they are not charged to the property owner or his agent within the consolidated billing period (sixty (60) days). In this regard, the Business Administrator shall expect reimbursement of all local, state or federal costs within thirty (30) days of the owner's (or his agents) receipt of the bill for these particular costs, fees and charges and expenses.
In cases of hardship, or where circumstances are such that a full remittance cannot be made to the city within the thirty-day period, City Council shall hereby authorize the City Solicitor to enter into negotiations with the property owner or his agent for an extended payback period of time not to exceed six (6) months.
All moneys received under the provision of this Article shall be placed in the general operating fund or capital budget for those actual costs and expenses necessary to furnish fire, police and other emergency or public safety services or protection provided by the city as outlined herein.
The city may enforce the provision of this Article by civil action in the court of competent jurisdiction for the collection of any amounts due hereunder, plus attorneys fees or for any other relief that may be appropriate.
Nothing in this Article shall authorize any city Bureau or Department or any city staff member or Bureau or Department personnel to refuse or delay any emergency service to any person, firm, organization or corporation, that has not reimbursed the city for a municipal service, or that owes the city any money whatsoever. Furthermore, nothing in this Article shall be construed to demand reimbursement to the city for those municipal services that are normally provided to city residents and others as a matter of the city's general operating procedure and for which the levying of taxes or the demand for reimbursement is normally made.