7-4-100 Procedures upon determination of lead- bearing substance.

   (a)   Upon determination that there is a lead- bearing substance in or upon any child care facility, school, dwelling or residential building which could reasonably be hazardous to children, the City of Chicago shall, as soon as is practicable, give appropriate notice to the owner of a child care facility, school, dwelling or residential building, of the existence and location of a lead hazard. In addition, regardless of whether there has been compliance with the preceding sentence, the city shall take action as needed to enforce this chapter, including, as the city or its authorized representative may determine is appropriate:

      (1)   Providing the owner and occupants with suitable recommendations for elimination of the problem areas;

      (2)   Notifying the other persons or entities with responsibility for a child care facility, school, dwelling, or residential building of the existence and location of such substances;

      (3)   Ordering that these substances be removed, replaced, or securely covered within a specified time period and in a manner prescribed by the department;

      (4)   Pursuing the remedies provided for in Sections 7-4-140 and 7-4-150.

   (b)   Upon determination that a commercial establishment is handling goods, products or items containing a lead-bearing substance, the city may take action as needed to enforce this chapter, including the following, as the city or its authorized representative may determine is appropriate:

      (1)   giving notice to the owner of the commercial establishment of the existence of a lead- bearing substance or of a lead hazard contained in the goods, products or items handled by the commercial establishment;

      (2)   ordering the owner of the commercial establishment to cease and desist selling, distributing or manufacturing the goods, products and items containing a lead-bearing substance or lead hazard as provided by Section 7-4-040 of this chapter;

      (3)   ordering the owner of the commercial establishment to remove from distribution and sale any product, goods or items containing a lead-bearing substance. If the lead-bearing component of a product is removable, the commissioner may, at his discretion, allow the lead-bearing component to be removed and the remaining product to be sold, provided that the removal of the lead-bearing substance is noted on the product's packaging. Owners are required to dispose of said product or lead-bearing component in accordance with state or federal law or regulations promulgated by the commissioner regarding the disposal of food items; and

      (4)   pursuing the remedies provided for in Sections 7-4-140 and 7-4-150.

(Added Coun. J. 11-5-93, p. 40561; Amend Coun. J. 12-13-06, p. 94902, § 1)