EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Lead Risk in Housing - Relocation from Non-Compliant Property
FOR the purpose of providing certain remedies to tenants of properties that fail to comply with certain State standards for lead risk reduction; correcting, clarifying, and conforming certain language; and generally relating to lead hazards in housing.
Body
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 7-102 (PMC § 301.4)
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Building, Fire, and Related Codes
Section(s) 7-102 (PMC §§ 301.5 and 301.6)
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Building, Fire, and Related Codes
Part VII. International Property Maintenance Code
§ 7-102. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 3. General Requirements
301.4 [Lead-based paint] LEAD HAZARDS - GENERAL. Lead-paint hazards must be abated in accordance with the rules and regulations of the Maryland Department of the Environment and the Baltimore City Health Department.
301.5 LEAD HAZARDS - NON-COMPLIANCE WITH RISK-REDUCTION STANDARDS. THIS § 301.5 APPLIES TO ANY AFFECTED PROPERTY, AS THAT TERM IS USED AND DEFINED IN STATE ENVIRONMENT ARTICLE TITLE 6 {"TOXIC, CARCINOGENIC, AND FLAMMABLE SUBSTANCES"}, SUBTITLE 8 {"REDUCTION OF LEAD RISK IN HOUSING"}, FOR WHICH THE OWNER HAS FAILED TO COMPLY WITH:
A. STATE ENVIRONMENT ARTICLE § 6-815 {"SATISFACTION OF RISK REDUCTION STANDARD"}; OR
B. STATE ENVIRONMENT ARTICLE § 6-819 {"MODIFIED RISK REDUCTION STANDARD"}.
301.5.1 TENANCY TERMINATION; RELOCATION EXPENSES. AT THE WRITTEN REQUEST OF THE TENANT, THE OWNER OF THE NON-COMPLIANT AFFECTED PROPERTY MUST:
A. IMMEDIATELY RELEASE THE TENANT, WITHOUT PENALTY, FROM THE TERMS OF THE LEASE OR OTHER RENTAL AGREEMENT FOR THAT PROPERTY; AND
B. PAY ALL REASONABLE RELOCATION EXPENSES, NOT TO EXCEED $1,500, DIRECTLY RELATED TO THE TENANT'S PERMANENT RELOCATION TO ANOTHER DWELLING UNIT.
301.5.2 REMEDY SUPPLEMENTAL. A TENANT'S RIGHTS UNDER THIS § 301.5 ARE IN ADDITION TO ANY OTHER APPLICABLE CIVIL OR CRIMINAL REMEDY, PENALTY, OR ENFORCEMENT PROCEDURE.
301.6 [301.4.1] LEAD HAZARDS - Unoccupied dwelling unit [- Scope]. [These provisions apply] THIS § 301.6 APPLIES to any dwelling unit that:
a. is the subject of a notice or order for the treatment of lead paint; and
b. becomes unoccupied either:
1. before the notice or order is served; or
2. while the notice or order is still outstanding.
301.6.1 [301.4.2 Unoccupied dwelling unit -] Posting property. If a dwelling unit is or becomes unoccupied, the Health Commissioner immediately must post 1 or more public notices in, on, or around the dwelling unit stating that the dwelling unit may not be reoccupied until the lead paint notice or order has been abated.
301.6.2 [301.4.3 Unoccupied dwelling unit -] Reoccupancy prohibited. If a dwelling unit is or becomes unoccupied, the dwelling unit may not be reoccupied until:
1. the lead paint notice or order has been abated; and
2. the Health Commissioner has given written approval of reoccupancy.
301.6.3 [301.4.4 Unoccupied dwelling unit -] Removing notice, etc., prohibited. Until the Health Commissioner has give written approval of reoccupancy, no person may remove, deface, or otherwise tamper with any notice that has been posted under this [section] § 301.6.
301.6.4 [301.4.5 Unoccupied Dwelling Unit -] Unauthorized reoccupancy. If a dwelling unit is reoccupied in violation of this [section] § 301.6:
a. each day that an unauthorized occupancy continues is a separate offense; and
1. the owner and operator of the unit are subject to the following penalties:
1. in a criminal prosecution, a criminal fine of up to $1,000 for each offense; and
2. in an action seeking equitable relief, a civil fine of up to $1,000 for each offense.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
DRAFT 10AUG05 DRAFT 10AUG05
dlr05-369~intro/10Aug05
BFR/LeadPntRlctn/aa:me
DRAFT 10AUG05 DRAFT 10AUG05
dlr05-369~intro/10Aug05
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