ORDINANCE NO. 000380

Amending Article X, the Lead Poisoning Control portions of Chapter 34 of the Code of Ordinances, entitled Health and Sanitation, by repealing therein Sections 34-406, Determination of violation; notice; removal or covering of lead-bearing substances; violations, and 34-409, Penalty for violation of article, and enacting in lieu thereof two new sections of like number and subject matter.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Article X, the Lead Poisoning Control portions of Chapter 34 of the Code of Ordinances of the City of Kansas City, Missouri, entitled Health and Sanitation, is hereby amended by repealing therein Sections 34-406, Determination of violation; notice; removal or covering of lead-bearing substances; violations, and 34-409, Penalty for violation of article, and enacting in lieu thereof two new sections of like number and subject matter, said sections to read as follows:

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 make 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 30 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 within the time required by the approved plan, 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 parents 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 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_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. Every day that a violation continues shall be considered a new and separate offense, for which the violator may be arrested, tried and convicted.

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Approved as to form and legality:

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Assistant City Attorney