701.308. Abatement of hazard by owner--no eviction, effect--failure to abate, violation, order of compliance--relocation--report of violation.

MISSOURI STATUTES AND CODES

701.308. Abatement of hazard by owner--no eviction, effect--failure to abate, violation, order of compliance--relocation--report of violation.

Abatement of hazard by owner--no eviction, effect--failure to abate,violation, order of compliance--relocation--report of violation.

701.308. 1. Upon receipt of written notification as described insection 701.306, of the presence of a lead hazard, the owner shall complywith the requirement for abating or establishing interim controls for thelead hazard in a manner consistent with the options provided by thedepartment and within the applicable time period. If the dwelling orchild-occupied facility is a rental or leased property, the owner mayremove it from the rental market.

2. Except as provided in subsection 1 of this section, no tenantshall be evicted because an individual with an elevated blood lead level orwith suspected lead poisoning resides in the dwelling, or because of anyaction required of the dwelling owner as a result of enforcement ofsections 701.300 to 701.338. The provisions of this subsection shall notoperate to prevent the owner of any such dwelling from evicting a tenantfor any other reason as provided by law.

3. No child shall be denied attendance at a child-occupied facilitybecause of an elevated blood lead level or suspected lead poisoning orbecause of any action required of the facility owner as a result ofenforcement of sections 701.300 to 701.338. The provisions of thissubsection shall not prevent the owner or agent of any such child-occupiedfacility from denying attendance for any other reason allowed by law.

4. A representative of the department, or a representative of a unitof local government or health department licensed by the department forthis purpose, is authorized to reenter a dwelling or child-occupiedfacility to determine if the owner has taken the required actions forabating or establishing interim controls for the lead hazard in a mannerconsistent with the options provided by the department and lead hazardshave been reduced to an acceptable level. If consent to enter is notgranted, the representative of the department, local government, or localhealth department may petition the court for an order to enter the premisesto determine if the owner has taken the required actions for abating orestablishing interim controls for the lead hazard in a manner consistentwith the options provided by the department, and provided that the leadhazards have been reduced to an acceptable level. The court shall grantthe order upon a showing that the representative of the department, localgovernment, or local health department has attempted to notify thedwelling's owner or adult occupant in writing of the time and purpose ofthe reentry at least forty-eight hours in advance.

5. Upon reentry, if the department or a representative of a unit oflocal government or local health department licensed by the department forthis purpose finds that the owner has not taken the required actions forabating or establishing interim controls for the lead hazard in a mannerconsistent with the options provided by the department, and lead hazardshave not been reduced to an acceptable level, the owner shall be deemed tobe in violation of sections 701.300 to 701.338. Such violation shall notby itself create a cause of action. The department or the local governmentor local health department shall:

(1) Notify in writing the owner found to be causing, allowing orpermitting the violation to take place; and

(2) Order that the owner of the dwelling or child-occupied facilityshall cease and abate causing, allowing or permitting the violation andshall take such action as is necessary to comply with this section and therules promulgated pursuant to this section.

6. If, upon reentry, the lead hazard has not been reduced to anacceptable level, the following steps may be taken:

(1) The local health officer and local building officials may, aspractical, use such community or other resources as are available to effectthe relocation of the individuals who occupied the affected dwelling orchild-occupied facility until the owner complies with the notice; or

(2) The department or representative of a unit of local government orhealth department licensed by the department for this purpose may reportany violation of sections 701.300 to 701.338 to the prosecuting attorney ofthe county in which the dwelling or child-occupied facility is located andnotify the owner that such a report has been made. The prosecutingattorney shall seek injunctive relief to ensure that the lead hazard isabated or that interim controls are established.

7. In commercial lead production areas, if the department identifieslead hazards due to paint, mini-blinds, or other household products/sourcesin a property where a child has been identified with an elevated bloodlevel, the owner shall comply with the requirement for abating orestablishing interim controls for the above-stated hazards, in a mannerconsistent with the recommendations described by the department and withinthe applicable time period. Residential property owners in commercial leadproduction areas shall not be deemed in violation pursuant to this sectionafter compliance with the requirement for abating or establishing interimcontrols established by the department per the initial risk assessment, ormade to pay for any type of lead remediation necessary due to thecommercial lead production and transport. If the residential property isowned by a commercial lead production or transport company, which has nottaken the required actions for abating or establishing interim controls forthe lead hazard in a manner consistent with the options provided by thedepartment and the lead hazards have not been reduced to an acceptablelevel, the commercial lead production or transport company shall be deemedto be in violation of sections 701.300 to 701.308.