1760.01 Policy and intent.
1760.02 Obligations for residential rental properties and family child care homes.
1760.03 Obtaining a Lead-Safe Certificate.
1760.04 Definitions.
1760.05 Presumption of lead-based paint.
1760.06 Local lead inspection.
1760.07 Local lead inspectors and workers as registered individuals.
1760.08 Right of inspection and enforcement.
1760.09 Lead-safe residential rental property and Family Child Care Home Registry implementation and compliance.
1760.10 Prohibition of retaliatory action.
1760.11 Protections for tenants.
1760.12 Lead poisoning prevention materials for tenants, tenant protection for families living in rental properties and requirements for rental property owners to provide lead poisoning information.
1760.13 Lead poisoning prevention resources and technical support for residential rental property owners and family child care homes.
1760.14 Compliance.
1760.15 Exemptions.
1760.99 Penalty.
It is the policy of the City of Toledo to help prevent the poisoning of its residents by requiring that the presence of deteriorated paint, bare soil, and lead dust on the interior and exterior of pre-1978 residential structures be identified and correctly addressed in accordance with federal, state, and local laws, regulations, and guidelines in order to prevent potential human exposure to lead hazards. An analysis of the risk assessments conducted in Toledo by the Health Department indicates that the majority of lead poisoning of children occurs in rental properties that are either single-family homes or four (4) units or less. All fees related to obtaining the Lead-Safe Certificate shall be deposited in the Lead Ordinance Fund of the Toledo Lucas County Health District, and all fines related to enforcement of this Chapter shall be deposited into the Nuisance Abatement Trust Fund, to be used exclusively for the administration, implementation, and enforcement of this Chapter.
(Ord. 397-20. Passed 10-20-20; Ord. 48-23. Passed 1-24-23.)
(a) It is a violation of this Chapter to allow the following conditions to exist in a "Residential Rental Property or a Family Child Care Home:" (1) "Deteriorated Paint Condition," (2) "Lead Dust Condition," or a (3) "Bare Soil Condition," as defined in section 1760.04. Every Owner of a pre-1978 Residential single-family or four (4) units or less Rental Property shall maintain such property free from these conditions. Any such condition(s) must be remedied in accordance with the requirements of this Chapter. Termination of occupancy of any such Residential Rental Property shall not constitute compliance with the requirements of this Section.
(b) No Owner, Agent, real estate agent or broker, company, or any person or persons shall rent, lease, sublease, let, or otherwise allow the occupancy of any Residential Rental Property, or provide child care services in a Family Child Care Home, as defined in this Chapter, constructed prior to 1978 and which is subject to this Chapter, whether such use, or occupancy is temporary or permanent, unless a "Lead-Safe Certificate" has been issued for such Property.
(c) All provisions of this Chapter shall apply to Family Child Care Homes, as defined in this Chapter, excepting 1760.09(c).
(Ord. 397-20. Passed 10-20-20; Ord. 48-23. Passed 1-24-23.)
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