Number
101063
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to definitions and procedures for lead poisoning prevention and control.
Sections
66-21-15 am
66-22-3-d-0 am
Analysis
This ordinance provides that appeals of lead-abatement orders issued by the health department shall be heard by the environmental health board. The ordinance also makes a technical correction to definition of a “lead-based nuisance.”
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 66-21-15 of the code is amended to read:
66-21. Definitions.
15. LEAD-BASED NUISANCE means any lead-based substance, surface or object which may reasonably contribute to an elevated blood lead level due to lead content, condition or location and which is accessible to children and is declared a public health nuisance as defined in s. [[80-1-2]] >>80-1-4<<.
Part 2. Section 66-22-3-d-0 of the code is amended to read:
66-22. Lead Poisoning Prevention and Control Regulations.
3. ENFORCEMENT.
d. If orders are not complied with by the expiration date, the commissioner may, provided the department has funds available, secure an appropriate court-issued warrant for entry to the premises to abate or remove the nuisance and use the authority delegated under ch. 17 of the charter to summarily abate or remove a nuisance [[and may, after following proper notice and an opportunity for a hearing before the common council,]] >>. The city may<< assess the cost of such action, not to exceed 40% of the assessed market value of the property, as a special charge upon the property.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
City Attorney’s Office
Drafter
MET
12/3/10
LRB122723-1