§ 34-406. Determination of violation; notice; hearing.

(a)

Report of findings. The director, upon completing a test for lead-bearing substances, shall make a written report to the owner of record and/or his or her agent as to whether such substances are present in or upon any open or exposed surfaces of a dwelling.

(b)

Action plan. If applicable, the director shall create an action plan to be delivered to the owner of record and/or his or her agent. Such action plan shall state what steps the owner of record or his or her agent must take to control or remediate the lead hazards within a reasonable time specified by the director. The action plan shall also include statements that:

(1)

Identified lead-bearing substances on open or exposed surfaces be thoroughly and properly treated so as to reduce and diminish the potential exposure to health hazards;

(2)

All conditions constituting a lead poisoning hazard be mitigated or eliminated in an efficient manner satisfactory to the director by means of acceptable methodology.

(3)

All identified lead poisoning hazards be thoroughly and properly treated, so as to reduce the lead concentration of the substance (substances) to a level below that which is defined as a lead poisoning hazard.

(4)

All treatment of lead-bearing substances shall be conducted in a manner which shall not endanger the health of any human being and which will result in the safe elimination from the dwelling and the safe disposal of flakes, chips, debris and other material.

(c)

Hearing.

(1)

Within ten days of the date listed on the action plan, an owner and/or his or her agent may request in writing a hearing before the director to determine the reasonableness of the action plan.

(2)

The person requesting the hearing may appear to testify and present relevant evidence and witnesses.

(3)

Such hearing shall be held not less than five nor more than 30 days after the proper filing of a request for hearing unless continued for good cause shown.

(4)

The director shall notify the owner and/or his or her agent of his or her decision in writing within ten days of the conclusion of the hearing,

(Ord. No. 120725, § 1, 9-6-12)