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File #: 190927    Version:
Type: Ordinance Status: Passed
File created: 9/24/2019 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action: 7/28/2022
Effective date: 8/18/2022    
Title: A substitute ordinance relating to the enforcement of lead hazard regulations.
Sponsors: ALD. PEREZ
Indexes: LEAD ABATEMENT, LEAD POISONING
Attachments: 1. Notice published 8/17/2022
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/17/20222 CITY CLERK PUBLISHED   Action details Meeting details Not available
7/29/20222 MAYOR SIGNED   Action details Meeting details Not available
7/28/20222 COMMON COUNCIL PASSEDPass12:0 Action details Meeting details Not available
7/21/20221 PUBLIC SAFETY AND HEALTH COMMITTEE SUBSTITUTED

Minutes note: Appearing: President Perez ACA Tom Miller Ald. Borkowski moved for the entire Public Safety and Health members be added as co-sponsors. There were no objections. Public Comment: Mrs. Maria Beltran - advocate and member of the Coalition for Lead Abatement. - offered her testimony and stated two of her grandchildren have been diagnosed with lead poison. Atty. Heiner Giese MHD Director for Environmental - Michael Mannan MHD Tyler Weber
Pass4:0 Action details Meeting details Video Video
7/21/20222 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGEPass4:0 Action details Meeting details Not available
4/8/20221 PUBLIC SAFETY AND HEALTH COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Ald. Perez asked to hold to the call of the chair.
Pass4:0 Action details Meeting details Not available
9/24/20190 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
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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