Number
190927
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. PEREZ
Title
A substitute ordinance relating to the enforcement of lead hazard regulations.
Section
60-53 cr
61-16-2-0 am
66-22-3 rc
66-22-4-0 am
66-22-4-c-2 am
66-22-4-c-3 cr
66-22-4-d rc
66-22-4.3 cr
66-22-4.5 cr
66-22-5-0 am
66-22-5-d-2 am
66-22-5-e rp
66-22-5-g rc
66-22-14 rc
66-22-15 rp
Analysis
This ordinance:
1. Exempts violations of the lead poisoning prevention and control regulations from the general $10,000 limit on accumulated forfeitures, raising the limit to $30,000.
2. Allows the health commissioner to charge a fee of $150 for inspections necessary to ensure compliance with lead hazard reduction orders, with fees rising to $300 for subsequent reinspections. No fee will be charged if compliance with the order is found during the reinspection.
3. Provides that, if lead hazard abatement orders are not complied with by the expiration date, the health commissioner may, in addition to other enforcement measures authorized by law:
a. Issue a citation.
b. Refer the failure to comply to the commissioner of neighborhood services for issuance of a rent withholding notification.
c. Provided the health 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 the city charter to summarily abate or remove a nuisance.
The cost of the abatement, interim controls and relocation associated with making the property lead-safe shall be assessed and collected as a special charge on the property.
d. If the health commissioner determines that the cost to abate the lead hazard would exceed 50 percent of the assessed value of such building divided by the ratio of the assessed value to the recommended value as last published by the Wisconsin department of revenue for the city of Milwaukee, and the lead hazard cannot be controlled by interim con...
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