PART TWO — HEALTH CODE
Title I — Nuisances And General Provisions
Chapter 240 — Lead Hazards
Complete to December 31, 2007240.01 Definitions
The definitions contained in Section 3742.01 of the Revised Code, and OAC Rules 3701-30-01 and 3701-32-01 shall be applicable to this Chapter, except as supplemented or otherwise provided as follows:
(a) “Lead-Based Paint Free Certificate” means a certificate issued under this chapter that the property has been found to be lead-based paint free. In order to obtain the certificate, the owner shall meet the requirements of this Chapter for a Lead-Based Paint Free Certificate.
(b) “Lead Maintenance Certificate” means a certificate that entitles a property to the legal presumption in Section 3742.41 of the Revised Code that it does not contain a lead hazard and is not the source of the lead poisoning of an individual who resides or receives care there. In order to obtain the certificate, the owner or manager shall meet the requirements of this Chapter for a Lead Maintenance Certificate.
(c) “Commissioner” means the Commissioner of the Division of the Environment of the City of Cleveland unless otherwise expressly specified.
(d) “Department” means the City of Cleveland Department of Public Health unless otherwise expressly specified.
(e) “Landlord” has the meaning described in division (b) of Section 375.01 of the codified ordinances.
(f) “Lead Abatement” means a measure or a set of measures, designed for the single purpose of permanently eliminating lead hazards. “Lead abatement” includes all of the following:
(1) Removal of lead-based paint and lead-contaminated dust;
(2) Permanent enclosure or encapsulation of lead-based paint;
(3) Replacement of surfaces or fixtures painted with lead-based paint;
(4) Removal or permanent covering of lead-contaminated soil;
(5) Preparation, cleanup, and disposal activities associated with lead abatement.
“Lead abatement” does not include any of the following:
(1) Preventive treatments performed under Section 3742.41 of the Revised Code;
(2) Implementation of interim controls;
(3) Activities performed by a property owner on a residential unit to which both of the following apply:
A. It is a freestanding single-family home used as the property owner's private residence;
B. No child under six years of age who has had lead poisoning resides in the unit.
(4) Renovation, remodeling, landscaping or other activities, when the activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. This definition shall not be interpreted to exempt any person from any requirement under State or federal law regarding lead abatement, including lead hazard control orders or requirements for full abatement of lead-based paint in certain federally-funded projects.
(g) “Lead hazard” means the presence of lead-based paint or lead-contaminated dust or lead-contaminated soil or lead-contaminated water pipes at levels described as hazardous in Ohio Administrative Rule 3701-32-19 as that rule exists at the time of passage of this section or as it may be amended.
(h) “Rental agreement” has the meaning described in division (c) of Section 375.01 of the codified ordinances.
(i) “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six years of age resides or is expected to reside in such housing) or any zero-bedroom dwelling.
(j) “Tenant” has the meaning described in division (c) of Section 375.01 of the codified ordinances.
(k) “Zero-bedroom dwelling” means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
Note: Former section 240.01 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.02 Lead Hazards Are A Nuisance
(a) This Council finds that lead hazards constitute a nuisance.
(b) The Commissioner may determine that a nuisance is required to be immediately controlled under this section if, in the Commissioner's opinion, failure to immediately control the hazard may cause a serious risk to the health of the occupants of the property. In such a case, the Commissioner may require the owner or manager of the property to immediately control the nuisance or the Commissioner may, by his or her authorized representative, immediately control such nuisance.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Note: Former section 240.02 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.03 Prohibitions
(a) No person shall do any of the following:
(1) Violate any provision of this Section 3742.02 of the Revised Code or the rules adopted under it;
(2) Apply or cause to be applied any lead-based paint on or inside a residential unit, child day-care facility, or school, unless the Ohio public health council has determined by rule under Section 3742.50 of the Revised Code that no suitable substitute exists;
(3) Interfere with an investigation conducted by the Commissioner, any person delegated by the Commissioner, any lead inspector or risk assessor.
(b) No person shall knowingly authorize or employ an individual to perform lead abatement on a residential unit, child day-care facility, or school unless the individual who will perform the lead abatement holds a valid license issued under Section 3742.05 of the Revised Code.
(c) No person shall do any of the following when a residential unit, child day-care facility, or school is involved:
(1) Perform a lead inspection without a valid lead inspector license issued under Section 3742.05 of the Revised Code;
(2) Perform a lead risk assessment or provide professional advice regarding lead abatement without a valid lead risk assessor license issued under Section 3742.05 of the Revised Code;
(3) Act as a lead abatement contractor without a valid lead abatement contractor's license issued under Section 3742.05 of the Revised Code;
(4) Act as a lead abatement project designer without a valid lead abatement project designer license issued under Section 3742.05 of the Revised Code;
(5) Perform lead abatement without a valid lead abatement worker license issued under Section 3742.05 of the Revised Code;
(6) Perform a clearance examination without a valid clearance technician license issued under Section 3742.05 of the Revised Code, unless the person holds a valid lead inspector license or valid lead risk assessor license issued under that section;
(7) Perform lead training for the licensing purposes of this chapter without a valid approval from the director of health under Section 3742.08 of the Revised Code;
(8) Perform interim controls without complying with 24 C.F.R. Part 35.
(d) No person shall manufacture children's toys or children's furniture that has paint containing lead equal to or in excess of 1.0 mg/cm2 (milligram per square centimeter), 0.5 percent by weight, or 5,000 parts per million (ppm) by weight.
(e) No person shall sell or hold for sale a children's toy or children's furniture that has paint containing lead equal to or in excess of 1.0 mg/cm2 (milligram per square centimeter), 0.5 percent by weight, or 5,000 parts per million (ppm) by weight.
(f) No person shall perform lead abatement, or any exterior power-assisted and/or manual lead-based paint removal, on any target housing located in the City without first obtaining a permit from the Commissioner of Licenses and Assessments as described in Section 240.05 of the codified ordinances.
(g) No person shall sell or lease target housing in the City of Cleveland unless the owner, lessor, and agent of the target housing meets all applicable requirements of Section 240.06 of the codified ordinances regarding disclosures of lead hazards.
(h) No person renovating target housing in the City of Cleveland shall fail to comply with the Pre-Renovation Lead Information Rule in Section 240.07 of the codified ordinances.
(i) No owner or manager of a retail or wholesale outlet of paint and paint-removal products shall violate division (b) of Section 240.07 by failing to provide an EPA-approved Lead Hazard Information Pamphlet or Fact Sheet.
(j) All power-assisted methods of lead-based paint removal are hereby prohibited, unless the method is such that all dust and debris is immediately captured within a closed container which prevents lead-contaminated debris from escaping into the environment. No lead-based paint removal shall be conducted whereby the method of collection of dust and debris is captured solely by ground tarpaulins, draped scaffolding and other types of barriers after the dust and debris has been released into the environment. Open flame burning is prohibited under any circumstances. Persons performing interim controls shall comply division (c)(8) of Section 240.03 of these codified ordinances.
(k) No power-assisted lead-based paint removal shall be performed, unless:
(1) the area from which the lead-based paint is to be removed is first shielded with tarpaulins or other screening to prevent vapor, water, dust and debris from escaping into the environment; and
(2) plastic disposable cloths are first spread at least ten feet from the foundation below the surface upon which the lead-based paint removal is being performed and on sides adjacent to said surface. The drop cloths shall be attached, when possible, to the foundation of the residential structure in order to collect any debris and residue; and
(3) all vents, windows and other areas through which air may enter the residential structure upon which the lead-based paint is being removed, shall be closed to prevent infiltration of any dust or debris.
(l) No manual exterior lead-based paint removal shall be performed unless plastic disposable cloths are first spread at least ten feet from the foundation below the surface upon which the lead-based paint removal is being performed and on sides adjacent to said surface. The drop cloths shall be attached, when possible, to the foundation of the residential structure in order to collect any debris and residue.
(m) No interior lead-based paint removal shall be performed without first spreading plastic disposable drop cloths on the floor in an area sufficiently large to collect all debris and residue.
(n) Following the completion of each day's lead-based paint removal,
(1) all drop cloths shall be carefully wet wiped, rolled up and disposed of; and
(2) all paint or paint dust shall be removed from the premises, adjacent property and public rights of way, and whenever possible, through the use of wet methods.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Note: Former section 240.03 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.04 Secondary Prevention
(a) When the Commissioner becomes aware that an individual under 6 years of age has lead poisoning, the Commissioner is authorized to conduct an investigation or lead risk assessment in accordance with the requirements of Chapter 3701 of the Ohio Administrative Code.
(b) In conducting the investigation, the Commissioner may request permission to enter, or for a lead inspector or risk assessor to enter, the residential unit, child day-care facility, or school that the Commissioner suspects to be the sources of the lead poisoning. If the Commissioner or delegated lead inspector or risk assessor is unable to obtain permission to enter the property, either may apply for an order of court to enter the property.
(c) As part of the investigation, the Commissioner may review the records and reports, if any, maintained by a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, lead abatement worker, or clearance technician.
(d) When the Commissioner determines, as a result of an investigation and/or risk assessment conducted under division (a) of this section, that a residential unit, child day-care facility, or school are contributing to a child's lead poisoning, the Commissioner is authorized to issue an order, in accordance with Chapter 3701 of the Ohio Administrative Code, to have each lead hazard controlled.
(e) No person shall fail to comply with an order issued by the Commissioner under division (d).
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Note: Former section 240.04 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.05 Lead Abatement and Lead-Paint Removal Permit Required; Application; Fees; Permit Suspension or Revocation
(a) The Commissioner of Environment is authorized to establish a program for the loaning of equipment, at no cost, for the removal of lead hazards in the City of Cleveland and is authorized to enter into contracts, as approved by the Director of Law, for the purpose of loaning the equipment.
(b) No person shall perform any lead hazard abatement or any exterior power-assisted and/or manual lead-based paint removal on target housing located in the City without first obtaining a permit from the Commissioner of Assessments and Licenses. For purposes of section, ‘target housing’ includes all secondary or appurtenant structures that were constructed prior to 1978 and are on the parcel upon which the target housing is located. A permit is not required under this section if all of the following apply: (1) the person uses the target housing as their personal residence; (2) the person personally performs, or performs with the assistance of only members of his or her family or household, only manual exterior lead-based paint removal on the structure on the property; (3) No child under six years of age who has lead poisoning resides in the structure.
(c) The commissioners and inspectors of the Division of Environment and Department of Building and Housing are authorized to issue an order to immediately stop working to any person performing work that requires a permit that has not obtained a permit or to any person performing work in violation of any prohibition in Chapter 3742 of the Revised Code or this Chapter of the codified ordinances.
(d) A person shall immediately stop performing lead hazard abatement or reduction activities when ordered to do so under subsection (c). A person shall not resume such activities except in accordance with all terms and conditions of a valid permit for paint removal and until their practices conform to all applicable standards and methods prescribed in Chapter 3742 of the Revised Code.
(e) Permit application; Fees.
(1) Every person who is required to obtain a permit under this section shall make application to the Commissioner of Assessments and Licenses upon forms to be prescribed by the Commissioner of Environment. The forms shall include:
A. The name and address of each applicant, and if the applicant is a partnership, the principle address of the partnership, and the name and address of each partner, and if the applicant is a corporation, the principle address of the corporation, the state of incorporation, the corporate federal identification number and the name and address of the corporation's statutory agent;
B. The address of the residential unit where the lead-hazard will be removed;
C. A description of the method by which the lead-hazard will be removed;
D. Any other information required by the Commissioner.
E. An applicant may file a single permit application for more than one residential unit if the application contains all of the information required by division (e)(1) of this section with respect to each separate residential unit.
F. The permit fee is $15.00 for each separate residential structure from which lead-contaminated paint is to be removed.
G. Upon receipt of a completed application and permit fee, the Commissioner of Assessments and Licenses shall issue the permit and a copy of the application and permit shall be provided to the Commissioner of the Environment.
H. A permit, issued under this section, shall expire six months from the date that it is issued. An applicant may apply for an extension that may be granted.
(2) The Commissioner of Licenses and Assessments shall notify the Director of Building and Housing of any permits issued under this section.
(f) Permit Suspension or Revocation
(1) The Commissioner of Licenses and Assessments shall suspend or revoke any permit issued under this Chapter, upon the recommendation and order of the Commissioner, for violation or failure to comply with the provisions of this Chapter, or the Revised Code.
(2) Any person may appeal the denial, suspension or revocation of a permit for the removal of lead-based paint to the Board of Zoning Appeals, established under Charter Section 76-6, provided that written appeal is filed with the Board Secretary within 10 days of the date the decision being appealed was made.
(3) If a person appeals in accordance with subsection (2), the Board shall conduct a hearing and render a decision in accordance with City ordinances and regulations described in this Chapter and those governing its conduct and procedure.
(g) For work requiring a permit under this chapter, each permittee shall provide seven days advance written notice to all occupants of residential structures on which lead-based paint is to be removed, and to all occupants of residential structures which are within thirty feet of the residential structure on which the lead-based paint is to be removed. The notice shall be as prescribed by the Commissioner and shall include, at a minimum, the address at which the lead-based paint will be removed, the date of commencement of the lead-based paint removal, the anticipated length of the removal, and the method by which the lead-based paint will be removed. The notice shall include a copy of the Lead-Based Paint Hazards Health and Safety Fact Sheet as prescribed by the Commissioner.
(h) All contractors, on the signing of a contract for the removal of lead-based paint from a residential structure shall provide, with the contract, a Lead-Based Paint Hazards Health and Safety Fact Sheet.
(i) Owners of occupied residential structures and/or contractors planning any construction, repair, rehabilitation, renovation, or maintenance work that involves the disturbance of lead-based paint in any occupied residential structure shall, seven days prior to the work's initiation, distribute the Lead-Based Paint Hazards Health and Safety Fact Sheet to all affected occupants.
(j) The notice required under this section does not relieve any person from compliance with any other notice requirements under State or federal law, including when notice is required in a hazard control order.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Note: Former section 240.05 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.06 Disclosures In Sale or Lease of Target Housing Regarding Lead Hazards
(a) Disclosure in purchase or lease of target housing.
(1) To ensure the application of their requirements to the sale or lease of target housing in the City limits, the rules and regulations that are promulgated by the Secretary and the Administrator of the Environmental Protection Agency under the Residential Lead-Based Paint Hazard Reduction Act of 1992, Title 42 U.S.C. Section 4852d, and their successor regulations, are adopted and incorporated into this code as these rules and regulations exist at the time of passage of this chapter or as they may be amended. Before a purchaser or tenant is obligated under any contract to purchase or rental agreement to lease the target housing, the seller or lessor shall perform the activities and provide the disclosures described in this section.
A. Provide the purchaser or tenant with an EPA-approved lead hazard information pamphlet;
B. Disclose to the purchaser in writing in the sales contract, or tenant, both orally and in writing in the rental agreement, all of the following: (i) the presence of any known lead-based paint, or any known lead hazards, in the housing; (ii) any additional information available concerning the location of the lead-based paint and/or lead hazards, and the condition of the painted services; (iii) whether the property owner has a current Lead Maintenance Certificate or Lead-Based Paint Free Certificate and the length of time of its coverage; (iv) provide to the purchaser or tenant any records or reports (including notices or letters of violation) available pertaining to lead-based paint hazards or lead hazards in the target housing, including regarding common areas; and (v) records or reports regarding other residential dwellings in multi-family target housing, provided that the information is part of an evaluation or reduction of lead-based paint and/or lead hazards in the target housing.
C. Permit the purchaser a 10-day period (unless the parties mutually agree in writing upon a different period of time or to waive this requirement) to conduct a lead risk assessment or lead inspection for the presence of lead paint or lead hazards.
D. Include in the contract for sale or rental agreement for lease the Lead Warning Statement prescribed in 40 C.F.R. Sec. 745.113.
E. Include in the contract for sale or rental agreement for lease acknowledgments that the pamphlet, disclosures, 10-day period (if required) and warning required were provided.
(2) Discovery of lead hazard prior to the expiration of a lease. If the owner of a residential unit learns of the presence of lead paint prior to the expiration of a lease, the owner shall notify each tenant of the presence of lead paint within 10 days of discovering its presence. In addition, the owner shall provide each tenant with a Lead Warning Statement and the lead hazard information pamphlet, as prescribed by 42 USC Section 4852d.
(3) Compliance assurance. The rules and regulations requiring the agent, on behalf of the seller or lessor, to assure compliance with the requirements issued under the Residential Lead-Based Paint Hazard Reduction Act of 1992, Title 42 U.S.C. Section 4852d, and their successor regulations, are adopted and incorporated into this code as these rules and regulations exist at the time of passage of this chapter or as they may be amended, and apply to an agent whenever a seller or lessor has entered into a contract with the agent for the purpose of selling or leasing a unit of target housing in the City limit. An agent is defined as any party who enters into a contract with a seller or lessor, for the purpose of selling or leasing pre-1978 housing.
(b) Penalties for Violations.
(1) Criminal Penalty. Any person who knowingly fails to comply with a provision of this section shall be subject to the penalties provided in Section 240.99 of the codified ordinances.
(2) The Director of Public Health or Commissioner is authorized to take lawful action as may be necessary to enforce this section or to enjoin any violation of it.
(3) Civil Liability. As provided in the Federal Residential Hazard Reduction Act at 42 USC 4852d(b), any person who violates any provision of this section will be jointly and severally liable to the purchaser or lessee in an amount equal to three times the amount of damages incurred by the individual.
(4) In any action brought for damages under this section, the appropriate court may award court costs to the party commencing the action, together with reasonable attorney fees and any expert witness fees, if that party prevails.
(5) A non-profit environmental health or housing rights organization is authorized to bring an action under division (b)(3) of this section on behalf of an aggrieved individual or individual(s) for violations of this section. Such organization may recover its costs under the remedies provided in divisions (b)(3) and (b)(4) of this section if the organization demonstrates that it has exerted organizational resources, including staff time, to investigate the alleged non-compliance with this section.
(c) Validity of contracts for purchase and sale and liens. Nothing in this section may affect the validity or enforceability of any sale or contract for the purchase and sale or lease of any interest in residential real property or any loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan, nor may anything in this section create a defect in title.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
Note: Former section 240.06 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.07 Pre-Renovation Lead Information Rule; Paint Outlet Information Rule
(a) To ensure the application of the requirement of the federal Pre-Renovation Lead Information Rule to the renovation of pre-1978 housing in the City limits, the rules and regulations promulgated under that rule and found at 40 C.F.R. Part 745, Lead; Requirements for Hazard Education Before Renovation of Target Housing, are adopted and incorporated into this Health Code as they exist at the time of passage of this chapter or as they may be amended.
(b) All retail and wholesale outlets of paint and paint removal products shall distribute an EPA-approved lead hazard information pamphlet or Lead-Based Paint Hazards Health and Safety Fact Sheet approved by the City of Cleveland Department of Public Health to each purchaser of said products.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Note: Former section 240.07 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.
240.08 Lead-Based Paint Free Certificates and Lead Maintenance Certificates; Fee
(a) The owner of a property constructed before 1978, which is used as a residential unit, child day-care facility, or school may obtain a Lead-Based Paint Free Certificate for that property. The certificate entitles the owner, manager, or agent of the property to a legal presumption that the property is lead based-paint and lead-based paint hazard free. The owner of the property shall comply with the provisions of this section applicable to obtaining a Lead-Based Paint Free Certificate to be entitled to that presumption. The legal presumption established under this section applies to any enforcement action under this Code and is rebuttable in a court of law only on a showing of clear and convincing evidence to the contrary.
(b) The owner of a property constructed before 1978, which is used as a residential unit, child day-care facility, or school may obtain a Lead Maintenance Certificate. The certificate entitles the owner, manager, or agent of the property to a legal presumption that the property does not contain a lead-based paint hazard and is not the source of the lead poisoning of an individual who resides in the unit or receives child-care or education at the facility or school. The owner of the property shall comply with the provisions of this section applicable to obtaining a Lead Maintenance Certificate to be entitled to that presumption. The legal presumption established under this section applies to any enforcement action under this Code and is rebuttable in a court of law only on a showing of clear and convincing evidence to the contrary.
(c) To obtain a Lead-Based Paint Free Certificate, the owner of the property shall comply with the following provisions:
(1) A licensed lead inspector shall inspect the property for which the owner is seeking a Lead-Based Paint Free Certificate. The licensed lead inspector shall be certified under the Federal certification program or under a federally accredited State or tribal certification program and shall issue a report. The inspector shall certify in the report that the property is free of lead-based paint.
(2) The owner or manager of the unit, facility, or school shall submit an application for a Lead-Based Paint Free Certificate, with the City Division of Licenses and Assessments that contains a copy of the report described in division (c)(1) of Section 240.08 and pay a filing of $10.00 per unit to the City Division of Licenses and Assessments.
(3) To maintain the Lead-Based Paint Free Certificate, a seller, lessor, or agent of a property that is being sold or leased, shall continue to meet the disclosure requirements of Section 240.06 of the codified ordinances and, as part of that sections disclosure requirements in divisions (a)(i), (b)(ii), (b)(iii) and (b)(v) of Section 240.06, disclose whether a certificate covers the property.
(4) Conflict of Interest. A Lead-Based Paint Free Certificate and a Lead Maintenance Certificate is not valid unless the inspector certifying that the property that is certified meets the following criteria:
A. The inspector is not the property owner or an immediate family member, agent or employee of the property owner.
B. The inspector is not part of a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.
C. The inspector is not a person hired by or under contract with the property owner to manage or maintain the property owner's real property as directed by the property owner.
D. The inspector is not a person who has been authorized by the property owner to manage or maintain the property owner's real property on the property owner's behalf.
E. The inspector is not a person who has a financial interest in the laboratory results of the sampling or testing or in the determination of whether the property meets the applicable property standards.
(5) If the owner or manager of a residential unit uses the unit as a rental dwelling, then a copy of the Lead-Based Paint Free Certificate, shall be submitted with the application for a certificate of rental registration that is required by Section 365.02 of the codified ordinances.
(d) To obtain a Lead Maintenance Certificate, the owner of the property shall comply with the following provisions:
(1) The owner or manager of the unit, facility, or school shall successfully complete both of the preventive treatments described in divisions (A)(1) and (2) of Section 3742.41 of the Revised Code. If the lead hazards are in historic property, the owner or manager may meet the requirements of division (B) of Section 3742.41 of the Revised Code instead.
(2) The owner or manager of the unit, facility, or school shall file annually with the City Division of Licenses and Assessments an application for a Lead Maintenance Certificate with an notarized affidavit by an owner or manager of the property certifying that that owner or manager has successfully completed the requirements in division (d)(1) of Section 240.08. In addition, the owner or manger shall pay a filing fee of $10.00 per unit to the City Division of Licenses and Assessments.
(3) To maintain the Lead Maintenance Certificate, a seller, lessor, or agent of a property that is being sold or leased, shall continue to meet the disclosure requirements of Section 240.06 of the codified ordinances and, as part of that section's disclosure requirements in divisions (a)(i), (b)(ii), (b)(iii) and (b)(v) of Section 240.06, disclose whether a certificate covers the property.
(4) If the owner or manager of a residential unit uses the unit as a rental dwelling, then a copy of the Lead Maintenance Certificate shall be submitted with the application for a certificate of rental registration that is required by Section 365.02 of the codified ordinances.
(e) Information Required In Application. The application for a Lead Maintenance Certificate shall contain the following information:
A. The street address or other identifying characteristics of the building or other structure;
B. The name, address, and telephone number of the owner or owners of the premises. In the case of a partnership, the names of all general partners;
C. If the record owner is a corporation, the names, addresses and telephone numbers of the current statutory agent and all corporate officers of that corporation.
D. The name, address, and telephone number of the managing agent of the premises, if any.
E. The name, address of the residential unit (including apartment or room number), residential structure, child day-care facility, or school, and telephone number of the superintendent, custodian or other individual employed by the owner or managing agent to provide regular maintenance services, if any.
F. The use district, ward, and census tract, in which the structure is located.
G. The use and occupancy authorized.
H. The appropriate designation as lead-safe maintained or lead free, and the effective and expiration dates.
(f) Transfer of Certificate. When a person obtains both equitable title and legal possession of a property covered by a Lead Maintenance Certificate any certificate issued to the previous property owner is no longer in effect unless the following requirements are met:
(1) The new property owner submits a signed and dated written notice of the change in ownership of the property to the Department of Building and Housing within 60 days after the date on which the new property owner obtains both equitable title and legal possession of property covered by the certificate. The property owner's name and mailing address shall be provided in the notice.
(2) The property owner pays the fee of $25.00 for an amended certificate.
(3) The new property owner complies with the conditions for maintaining the certificate under this Chapter.
(g) Expiration dates of Certificates. A Lead-Based Paint Free Certificate is valid until revoked, which shall be stated on each Lead-Based Paint Free Certificate. A Lead Maintenance Certificate is valid for a period of one year from the date that it is issued, which shall be stated on each Lead Maintenance Certificate.
(h) Conditions for Maintaining A Lead Maintenance Certificate. To maintain a Lead Maintenance Certificate, a property owner shall maintain compliance with all standards for obtaining that certificate and all laws applicable to lead hazards described in this chapter. Failure to maintain compliance will result in the revocation of the Lead Maintenance Certificate by the Director of the Department of Building and Housing or the Director of the Department of Public Health.
(i) The City of Cleveland is enacting and enforcing the provisions of this Chapter only to promote the public health, safety and welfare and for obligations imposed upon it by the State of Ohio under delegation by the Ohio Department of Health. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that the breach proximately caused injury. In addition, nothing in this Chapter may be interpreted to limit the City of Cleveland's statutory immunity afforded by Chapter 2744 of the Revised Code.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
240.09 Enforcement
(a) Whenever the Commissioner of Environment or Director of Building and Housing or any authorized City officer or employee ascertains either upon information or by observation or lead inspection, that any provision of this Chapter is being or has been violated, that official may, in writing, notify the owner, manager, or person in charge that the violation shall be corrected.
(b) In addition to the penalty for a violation of this Chapter, whenever the Commissioner of Environment or Director of Building and Housing or any authorized City officer or employee ascertains either upon information or by observation or lead inspection, that the provisions of this Chapter are being or have been violated, and the violation creates a nuisance, which may endanger the health and/or safety of persons, that official may, in writing, notify the owner or person in charge, that the nuisance shall be immediately abated. They may also apply any and all remedies found in Chapter 203 to prevent, terminate or abate the nuisance.
(c) In addition to any penalty for a violation of this Chapter, the Commissioner of Environment or Director of Building and Housing or any authorized officer or employee they delegate may control such nuisance. The costs and expense of controlling a nuisance by the Commissioner, or their authorized representative, under this Chapter, may be recovered as provided in Section 715.261 of the Revised Code, including certifying the costs and expenses to the County Auditor, to be assessed against the property and made a lien upon it and collected as other taxes.
(d) The authority described in division (c) to control such nuisance, includes the authority to order the owner or manager to relocate the occupants of a residential unit, day-care facility, or school, until the property passes a clearance examination, if the Commissioner of Environment determines that the health of the occupants may be at risk during the lead hazard control work. The Commissioner of Environment may relocate the occupants until the residential unit, child day-care facility, or school passes a clearance examination. The costs and expense of the relocation may be recovered by certifying them to the County Auditor, to be assessed against the property and made a lien upon it and collected as other taxes.
(e) In the event of an actual or threatened violation of this chapter or an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute a proper suit in equity or at law to prevent or terminate the violation or remedy the situation.
(f) In the event of any actual or threatened violations of this Chapter, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or by law to prevent or terminate such violation or to remedy such situation.
(g) In addition to all other penalties and remedies provided by law, any person damaged by a nuisance caused by a violation of this chapter may institute a proper action in equity or by law to prevent or terminate such violation or remedy such situation.
(h) The City of Cleveland is enacting and enforcing the provisions of this Chapter only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
240.99 Penalties
(a) Whoever violates division (f) of Section 240.03 is guilty of a minor misdemeanor.
(b) Whoever violates any provision of Chapter 240 for which no other penalty is provided or rule or regulation or order under this chapter is guilty of a misdemeanor of the first degree. Except for a violation of division (f) of Section 240.03, each day during which noncompliance or a violation continues shall constitute a separate offense.
(c) As provided by Sections 2901.23 and 2929.31 of the Revised Code organizations convicted of an offense are guilty of a misdemeanor of the first degree.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
Note: Former section 240.99 was repealed by Ord. No. 1027-04, passed 8-11-04, eff. 8-17-04.