(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.
(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)