2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 10 - (1370 - 1376-A) CONTROL OF LEAD POISONING
1373 - Abatement of lead poisoning conditions.

 
    §  1373.  Abatement  of  lead  poisoning conditions.   1. Whenever the
  commissioner or his representative shall designate an area of high risk,
  he may give written notice and demand, served as  provided  herein,  for
  the  discontinuance  of a paint condition conducive to lead poisoning in
  any designated dwelling in such area within a specified period of time.
    2. Such notice and demand shall prescribe the method of discontinuance
  of a condition conducive to lead poisoning which may include the removal
  of paint containing more than one-half of one  per  centum  of  metallic
  lead  based on the total weight of the contained solids or dried film of
  the paint  or  other  similar  surface-coating  material  from  surfaces
  specified  by  the  commissioner or his representative under such safety
  conditions as may be indicated and the refinishing of such surfaces with
  a suitable finish which is not in  violation  of  section  one  thousand
  three hundred seventy-two of this title or the covering of such surfaces
  with  such  material  or  the removal of lead contaminated soils or lead
  pipes supplying drinking water as may be deemed necessary to protect the
  life and health of occupants of the dwelling.
    3. In the event of failure to comply with a  notice  and  demand,  the
  commissioner or his representative may conduct a formal hearing upon due
  notice  in  accordance  with  the provisions of section twelve-a of this
  chapter and on proof of violation of such notice and  demand  may  order
  abatement  of  a  paint  condition conducive to lead poisoning upon such
  terms as may be appropriate and may assess a penalty not to  exceed  two
  thousand five hundred dollars for such violation.
    4.  A  notice  required by this section may be served upon an owner or
  occupant of the dwelling or agent of the owner in the same manner  as  a
  summons in a civil action or by registered or certified mail to his last
  known address or place of residence.
    5.  The  removal  of a tenant from or the surrender by the tenant of a
  dwelling with respect to which the commissioner or  his  representative,
  pursuant  to  subdivision  one of this section, has given written notice
  and demand for the discontinuance of a paint condition conducive to lead
  poisoning shall not absolve, relieve or discharge any persons chargeable
  therewith from the obligation and  responsibility  to  discontinue  such
  paint  condition  conducive  to  lead  poisoning  in accordance with the
  method of discontinuance prescribed therefor in such notice and demand.