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File #: 101063    Version: 0
Type: Ordinance Status: Passed
File created: 12/21/2010 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 1/19/2011
Effective date: 2/5/2011    
Title: An ordinance relating to definitions and procedures for lead poisoning prevention and control.
Sponsors: THE CHAIR
Indexes: LEAD ABATEMENT
Attachments: 1. Hearing Notice List, 2. Notice Published on 2-4-11

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