[HISTORY: Adopted by the Council of the City of Easton 4-9-1986 by Ord. No. 2841 (Art. 1189 of the 1965 Codified Ordinances). Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Satisfactory compliance as determined by the Chief Health Administrator.
- CHIEF HEALTH ADMINISTRATOR
- That person who heads the Bureau of Health, or his designated representative.
- CHILD-CARE FACILITY
- Any structure or portion thereof used primarily as a residence, school, nursery, day-care center, or other facility catering to the needs of children, including any outbuilding, fencing or other structure used in conjunction therewith.
- Any natural person/persons who is/are under six years of age.
- DWELLING, DWELLING UNIT, ROOMING HOUSE AND 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.
- ELEVATED LEAD LEVELS
- Blood with a lead content of 30 micrograms or greater per deciliter of whole blood, to be known as blood lead (BL), or blood with a lead content of 50 micrograms or greater per deciliter of whole blood, to be known as erythrocyte protoporphyrin (EP), or any combination of both BL and EP.
- 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 70 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 0.5% of lead by weight, calculated as lead metal either as a liquid or as a dried film already applied.
- Any natural person, firm, company, copartnership, manufacturer, contractor, association, governmental unit or agency.
- A lot, plot or parcel of land including all facilities thereon.
- Includes but is not limited to lead-bearing putty, ceramics, plumbing, sealers, paint and similar items.
- Include but are 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 which in the ordinary course of use would be exposed to and chewable by children.
No person in the City shall use or apply or cause to be used or applied lead paint, as defined in this chapter, or any substance containing lead in excess of 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 0.7 mg/cm.
[Amended 2-11-2009 by Ord. No. 5169]
When the Chief Health Administrator determines that the presence of lead paint, or 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 Chief Health Administrator, 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 of Easton and state and federal agencies.
If the owner or owners of record fail to comply with an abatement order issued pursuant to § 337-3, the Chief Health Administrator or his designated representative may issue notice to the owner or owners of record to show cause why the City of Easton should not take or cause to be taken whatever actions are necessary to abate the violation(s) at the expense of the owner or owners.
If the owner or owners of record fail to show cause within a reasonable amount of time, reasonable time being not less than one week nor more than two weeks, then the City of Easton shall take whatever actions are necessary to abate the violation(s) at the expense of the owner or owners.
The entire cost of abatement actions taken or caused to be taken by the City of Easton pursuant to § 337-4B shall be recoverable from each of the persons responsible for correcting violations by bringing an action in a court of competent jurisdiction. In addition, the entire cost of the abatement actions shall be a lien on the affected real property. The cost shall be reported to the Board of Health, which shall assess the cost against the property affected. The lien shall be enforced in the manner prescribed by law.
No owner or landlord found to be in violation of this chapter may evict or cause to be evicted occupants with children for the purpose of avoiding corrective maintenance order by the Chief Health Administrator, 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 Chief Health Administrator of such fact. Notification shall include the 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 violates any provision of this chapter, upon conviction thereof, shall be fined not less than $50 nor more than $300 or be imprisoned not exceeding 90 days or both. Each day's continuance of a violation shall constitute a separate offense.