Printer Friendly Version
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.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney