Division VI

(a) Within one year from the effective date of this ordinance, the Director shall develop a program to delineate geographical areas within the City, to be known as Priority Areas. To the extent allowed by law, the Director and all City departments shall direct their resources to provide Priority Areas with the highest priority for primary prevention services, screening, lead hazard reduction efforts, inspections, loans, loan guarantees or grants.

(b) In delineating Priority Areas the Director shall consider the following factors for particular geographic areas, along with such other factors as he or she deems relevant to the presence of significant levels of environmental lead within the City:

• (1) The number and severity of cases of elevated blood lead level children;

• (2) The age and condition of dwelling units;

• (3) The results of any inspections carried out pursuant to Section 1626;

• (4) Income levels;

• (5) The historic and current presence of known sources of lead such as highways or industrial facilities.

• (c) The Director shall publish a list of the Priority Areas, and make a map of such areas available to the public without charge.

(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)

(a) For the purposes of this Section, "non-housing site" means a parcel of land, other than land owned by an agency of the State or federal governments, that is one of the following:

• (1) An abandoned factory site, auto wrecking yard or dump site;

• (2) Open space or a park intended for use by children;

• (3) A vacant lot containing an attractive nuisance to children; or

(4) Any other parcel of land that does not contain at least one dwelling unit, and which the Director has determined may constitute a lead hazard to children.

(b) In making a determination under Subparagraph (a)(4) of this Section, the Director shall consider the potential for lead contamination on the site, accessibility to the site by children, and whether the site is in a Priority Area as determined pursuant to Section 1624. The Director may also consider any other factors which he or she deems relevant to the presence of significant levels of environmental lead within the City.

(c) Within one year from the effective date of this ordinance the Director shall develop and implement a program to identify all non-housing sites within the City which are likely to expose children to lead hazards, to be known as lead hazard sites. The Director shall provide public notice of each lead hazard site to the community in which the site is located. The notice shall describe the lead hazard site, the hazard to children, the steps the Department intends to take to reduce lead hazard exposure and the timetable for taking those steps. The notice shall include a contact person in the Department of Public Health.

(d) The Director is authorized to require the owner of any non-housing site that contains more than 10 square feet of bare soil and is either: (1) accessible to children; or (2) a site at which children have been known to play or walk through, to comply with the requirements of Subsection (e) following written notice from the Director.

(e) The owner of any non-housing site who has received written notice from the Director pursuant to Subsection (d) shall, within 60 days of receiving such notice, take one of the following measures:

• (1) Permit the Director to enter the site and test the topsoil for total lead; or

• (2) Provide to the Director representative topsoil testing results of the site that have been analyzed by an accredited laboratory to establish the absence of any lead hazard; or

• (3) Prevent access to the site through appropriate means such as fencing; or

• (4) Permanently remediate any lead hazards present in accessible bare soil at the site in a manner that is acceptable to the Director.

(f) The Director may issue an order to any property owner subject to this Section who fails to comply with Subsection (e) within 60 days of receiving notice from the Director. Such orders shall be enforceable in accordance with Sections 1636 and 1637.

(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96; Ord. 448-97, App. 12/5/97)