§ 1373 — Abatement of lead poisoning conditions

New York § 1373

• Jurisdiction: New York
• Law PBH: Public Health
• Title 10: Control of Lead Poisoning
• Art. 13: Nuisances and Sanitation

Text

§ 1373. Abatement of lead poisoning conditions. 1. Whenever the\ncommissioner or his or her representative shall designate an area of\nhigh risk, he or she shall give written notice and demand, served as\nprovided by this section, for the discontinuance of a paint condition\nconducive to lead poisoning in any designated dwelling in such area\nwithin a specified period of time.\n 2. Such notice and demand shall prescribe the method of discontinuance\nof a condition conducive to lead poisoning which may include the removal\nof paint containing more than one-half of one per centum of metallic\nlead based on the total weight of the contained solids or dried film of\nthe paint or other similar surface-coating material from surfaces\nspecified by the commissioner or his representative under such safety\nconditions as may be indicated and the refinishing of such surfaces with\na suitable finish which is not in violation of section one thousand\nthree hundred seventy-two of this title or the covering of such surfaces\nwith such material or the removal of lead contaminated soils or lead\npipes supplying drinking water as may be deemed necessary to protect the\nlife and health of occupants of the dwelling.\n 3. In the event of failure to comply with a notice and demand, the\ncommissioner or his or her representative shall take enforcement action\nas deemed appropriate by the commissioner or his or her representative,\nwhich may include conducting a formal hearing upon due notice in\naccordance with the provisions of section twelve-a of this chapter and\non proof of violation of such notice and demand may order abatement of a\npaint condition conducive to lead poisoning upon such terms as may be\nappropriate and may assess a penalty not to exceed two thousand five\nhundred dollars for such violation; provided, however, that abatement\nshall not be ordered if the respondent proves by a preponderance of\nevidence at such hearing that a paint condition conducive to lead\npoisoning in the designated dwelling does not exist.\n 4. A notice required by this section may be served upon an owner or\noccupant of the dwelling or agent of the owner in the same manner as a\nsummons in a civil action or by registered or certified mail to his last\nknown address or place of residence.\n 5. The removal of a tenant from or the surrender by the tenant of a\ndwelling with respect to which the commissioner or his representative,\npursuant to subdivision one of this section, has given written notice\nand demand for the discontinuance of a paint condition conducive to lead\npoisoning shall not absolve, relieve or discharge any persons chargeable\ntherewith from the obligation and responsibility to discontinue such\npaint condition conducive to lead poisoning in accordance with the\nmethod of discontinuance prescribed therefor in such notice and demand.\n