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Legislation #: 961281 Introduction Date: 10/3/1996
Type: Ordinance Effective Date: 1/1/1997
Sponsor: None
Title: Amending Article X of Chapter 34, Code of Ordinances of the City of Kansas City, Missouri, entitled Lead Poisoning Control, by repealing Sections 34-401 through and including 34-409 therein, and enacting in lieu thereof new sections of like number and subject matter to limit exposure to poisonous lead.

Legislation History
DateMinutesDescription
10/16/1996

Adjourn Neighborhood Development Committee

10/3/1996

Prepare to Introduce

10/3/1996

Referred Neighborhood Development Committee

10/9/1996

Hold On Agenda

10/16/1996

Hold On Agenda

10/23/1996

Hold On Agenda

10/30/1996

Hold On Agenda

11/6/1996

Hold On Agenda

11/20/1996

Hold On Agenda

12/4/1996

Hold On Agenda

12/18/1996

Do Pass as a Second Committee Substitute

12/19/1996

Assigned to Third Read Calendar

12/23/1996

Passed As Second Substitute


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 961281

 

Amending Article X of Chapter 34, Code of Ordinances of the City of Kansas City, Missouri, entitled Lead Poisoning Control, by repealing Sections 34-401 through and including 34-409 therein, and enacting in lieu thereof new sections of like number and subject matter to limit exposure to poisonous lead.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Article X of Chapter 34, Code of Ordinances of the City of Kansas City, Missouri, entitled Lead Poisoning Control, is hereby amended by repealing Sections 34-401 through and including 34-409 therein, and enacting in lieu thereof new sections of like number and subject matter, said sections to read as follows:

 

Sec. 34-401. Purpose of article.

 

Lead poisoning in humans is a reportable condition as established in section 34-53. The purpose of this article is to prevent lead poisoning resulting from the assimilation of lead-bearing substances into the human body without limiting the routes or pathways of exposure by means of ingestion, inhalation and absorption. This assimilation is known to be detrimental and is hereby declared to constitute a serious hazard to the health, safety and welfare of the inhabitants of this city.

 

Sec. 34-402 Applicability of article.

 

The provisions of this article shall apply to all buildings or portions thereof within the corporate limits of the city used or designed, or intended to be used, for human habitation or human occupancy which include but are not limited to residential, public, commercial, or industrial structures, whether such buildings exist at the time the provisions of this article become effective or are constructed thereafter, and shall include alteration, repair, maintenance, or renovation for continued use for human occupancy or habitation, or demolition.

 

Sec. 34-403. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Dwelling means any grounds or premises with any type of structure (e.g. residential, commercial, industrial and public), and any related ancillary or accessory structure to such structures or premises, interior or exterior, including but not necessarily limited to garages, carports, sheds, yards, playgrounds, driveways, carriage houses, fences or gates; any room, group of rooms or other interior or exterior area of a dwelling, all or part of which room, group of rooms or other interior or exterior area is either designed or used for human habitation by human occupancy, or commonly occupied by children in a day care center, school, or recreational facility.

 

Dwelling unit means any room, group of rooms or other interior area of a dwelling, all or part of which room, group of rooms or other interior area which is either designed or used for human habitation or human occupancy, or commonly occupied by children in a day care center or school.

 

Health authority means the director of health of the city or his duly authorized representatives.

 

Lead-bearing substance includes but is not necessarily limited to any paint, lacquer, putty, plaster, structural material, soil, water, air, dust, pipes, fixtures, or similar substance containing a quantity of lead determined by the health authority to constitute a hazard to health.

 

Lead poison hazard. Any open or exposed surface or substrata in any dwelling which is coated with, consists of or contains any lead-bearing substance is declared to be a hazard if such surface, substrata, or generated debris is accessible or may become accessible to ingestion or inhalation by any person but particularly children under the age of six, or may become accessible as a result of any remediation, abatement, maintenance, repainting, renovation, or demolition, and is flaking, cracking, peeling, scaling, blistered, chipped or loose, and is present on or in any interior or exterior surface on, but not necessarily limited to, any porches or their steps, decking, banisters or railings, or on walls, windows and sills, doors and jambs, ceilings, or exterior trim, boarding or facia. The quantity of lead concentration of various substances (including but not limited to superficial dusts, paint, air contaminants, water, soils, and debris) which constitutes a hazard shall be determined by the health authority and made available to the public upon request.

 

Open or exposed surface means any interior surface of a dwelling or any exterior surface thereof, to which children may be commonly exposed.

 

Sec. 34-404. Use of lead-bearing substances prohibited.

 

(a) From and after the day the provisions of this article become effective, no person shall knowingly:

 

(1) Offer for occupation any dwelling which has in or upon any open or exposed surface any lead-bearing substance in a deteriorated condition so as to create a lead poison hazard; or

 

(2) Erect, construct, remodel or alter any dwelling so that when it is occupied it has any open or exposed surface containing any lead-bearing substance.

 

(3) Repair, renovate or demolish any dwelling in such a manner that any occupant, worker or any person on any adjacent property(ies) may be exposed or have access to the resulting dust, contaminants or debris from lead-bearing substances.

 

(b) It shall be unlawful for any person to apply to any toy, article of furniture, or interior or exterior surface of any dwelling paint or any other similar surface-coating material containing lead compounds of which the lead content (calculated as the metal) is in a quantity determined by the health authority to constitute a hazard to health.

 

(c) It shall be unlawful for any person to offer for sale or sell any paint or other similar surface-coating material intended for, or packaged in a form suitable for, use on toys or furniture, or in or around habitable premises, which contains lead compounds of which the lead content (calculated as the metal) is in a quantity determined by the health authority to constitute a hazard to health.

 

Sec. 34-405. Inspections.

 

(a) Upon reasonable suspicion by the health authority of a lead poison hazard, regardless of source, the health authority shall inspect the dwelling for the presence of lead-bearing substances in or upon any open or exposed surfaces by use of an in situ analyzer device, or by removing samples for laboratory analysis. The health authority, for the purposes of this article, shall have the right to enter and inspect any dwelling for the presence of lead-bearing substances upon a sworn affidavit of the health authority that a child has an elevated blood lead level, pursuant to the standard determined by the health authority, and that the child is an inhabitant or frequent visitor to the dwelling.

 

(b) If consent has not been given to enter the premises, building or structure to inspect alleged violations of this article, no entry, inspection or testing shall be made without the procurement of a warrant from a judge presiding in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri. If a complaint in writing is filed by the director of health or the directors' authorized representative, any police officer, deputy or city attorney of the city, with the Municipal Division judge stating that he or she has probable cause to believe there exists in the premises, more particularly described therein, a violation or violations of the provisions of this article and is within the territorial jurisdiction of the city, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the authorized person to search the premises, building or structure therein described for the purposes requested or conduct any tests authorized by this article therein. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to search and conduct tests shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this article discovered pursuant to such search and tests. Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation.

 

(c) If any citizen has reason to suspect a lead poison hazard, the health authority shall provide such information that the citizen may take steps to prevent lead poisoning and pursue obtaining an inspection from a qualified lead inspector.

 

Sec. 34-406. Determination of violation; notice; removal or covering of lead-bearing substances; violations.

 

(a) The health authority, upon completing the test for lead-bearing substances, shall provide a written report as provided in subsection (c) to the owner of record and/or his agent as to whether such substances are present in or upon any open or exposed surfaces of a dwelling. Such owner and/or his agent shall submit a plan acceptable to the health authority to perform effective and efficient remediation of any lead poison hazard contained in the report. Such plan shall be submitted to the health authority within 14 calendar days or other reasonable time approved the health authority and shall at a minimum list the remedial steps to be taken and the projected time of completion of the remediation project. If such owner and/or his agent so requests in writing received within ten days of the date of that report or ten days of the rejection of an offered remediation plan, the director of health or his or her designee shall hold a hearing to determine the reasonableness of that report or rejected plan, at which time the person requesting the hearing may appear to testify and present relevant evidence and witnesses. Such hearing shall be held not less than five nor more than thirty days after the proper filing of a request for hearing unless continued for good cause shown. Within ten days of the conclusion of the hearing, the director shall notify the owner and/or his agent of his decision in writing.

 

(b) If such owner and/or his agent described in paragraph (a) above fails to submit an acceptable plan for treatment of open or exposed surfaces containing lead-bearing substances, or fails to complete any part of an approved plan in a timely manner, the provisions of this article have been violated, and the health authority may apply to the prosecuting attorney of the city to proceed to prosecute such person, and/or take any other such steps necessary and pursue any other appropriate remedies to assure remediation of the lead hazard.

 

(c) Upon making a determination that lead-bearing substances create a lead poison hazard, the health authority shall make a written determination as to whether such condition constitutes an immediate danger to the health of the occupants of such dwelling. In such case, the health authority shall order that identified lead-bearing substances on open or exposed surfaces shall be thoroughly and properly treated so as to reduce and diminish the potential exposure to those hazards. All conditions constituting a lead poison hazard shall be mitigated or eliminated in an efficient manner satisfactory to the health authority by means of acceptable methodology. All identified lead poison hazards shall be thoroughly and properly treated, so as to reduce the lead concentration of the substance (substances) to a level below that which is defined as a lead poison hazard. All treatment of lead-bearing substances shall be conducted in a manner which shall not endanger the health of any human being and which will result in the safe elimination from the dwelling and the safe disposal of flakes, chips, debris and other material. The director of health is hereby empowered to make rules and regulations to execute and enforce the provisions of this article.

 

(d) If the inhabitant whose health is threatened, or that person's parent or guardian on his or her behalf, voluntarily and permanently vacates the dwelling in question; then the requirements set forth in this section shall continue to be applicable.

 

(e) A landlord or its agent may not retaliate by increasing rent or obligations of the tenant or decreasing services, harassing, threatening to evict or evicting the tenant because:

 

(1) The tenant has complained in good faith to a governmental agency charged with responsibility for enforcement of a violation of the provisions of this article applicable to the premises; or

 

(2) The tenant has complained in good faith to the landlord or his agent of a violation of a provision of this article.

 

Any landlord or his agent who acts in violation of this subsection shall be deemed guilty of a violation of this article.

 

Sec. 34-407. Declaration of nuisance.

 

All dwellings found to have a lead poison hazard, are hereby declared to be a nuisance, and that hazard shall be remediated, or vacated and remediated, as provided by the Charter and ordinances of this city.

 

Sec. 34-408. Enforcement of article.

 

The authority to administer the provisions of this article is vested in the director of health and his duly authorized representatives. Whenever the need arises, the director of health may call upon the other departments of the city to aid in the enforcement of the provisions of this article.

 

Sec. 34-409. Penalty for violation of article.

 

Every person convicted of a violation of any section of this article shall be punished by a fine of not more than $500.00, or by imprisonment for not more than 180 days, or by both such fine and imprisonment.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney