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1991 Ordinances
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1991 Ordinances
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Ord/Resolutions
Year
1991
Ord/Resolutions - Type
Ordinances
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AN ORDINANCE TO AMEND CHAPTER 17 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1988, BY ADDING PARAGRAPH (c) TO SECTION <br />17-26 THEREOF, AND BY ADDING SECTION 17-28 THEREOF, PERTAINING <br />TO CONVICTION FOR LEAD-BASED PAINT, AND BY AMENDING SECTION <br />17-27 THEREOF, RELATING TO LEAD-BASED PAINT. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Section 17-26 of the Code of the City of <br />Portsmouth, Virginia, 1988, be amended by adding thereto <br />paragraph (c) to read as follows: <br /> <br />Section 17-26. <br /> <br />Violations; procedures for abatement of <br />nuisances. <br /> <br /> (c) Any owner or any person, firm or corporation <br />violating any provisions of this article relating to the <br />removal or the covering of lead-based paint which poses a <br />hazard to health of pregnant women or children under the age <br />of six (6) years who occupy the premises shall, upon <br />conviction, be guilty of a misdemeanor and shall be subject to <br />a fine of not more than One Thousand dollars ($1,000.00). If <br />the court convicts pursuant to this section and sets a time by <br />which such hazard must be abated, each day the hazard remains <br />unabated after the time set for the abatement has expired <br />shall constitute a separate violation of this article. Upon a <br />reasonable showing to the court by a landlord as defined in <br />section 55-248.4 of the Code of Virginia, 1950, as amended, <br />that such landlord is financially unable to abate the <br />lead-based paint hazard, the court shall order any rental <br />agreement related t~ the affected premises terminated <br />effective thirty da~s from the entry of the court order. For <br />the purposes of the preceding sentence, termination of the <br />rental agreement shall not be deemed noncompliance by the <br />landlord pursuant to section 55-248.21 of the Code of <br />Virginia, 1950, as amended. <br /> <br /> 2. That Section 17-27 of the Code of the City of <br />Portsmouth, Virginia, 1988, be amended to read as follows: <br /> <br />Section 17-27. <br /> <br />Occupants and families with children not to <br />be evicted to avoid correction of violation <br />of lead-based paint provisions of code. <br /> <br /> No owner or landlord found to be in violation of the <br />provisIons of the housing code relating to the use of <br />lead-based paint may evict, or cause to be evicted, any <br />person, occupant, occupant(s) with children, or family or <br />families with children for the purpose of avoiding corrective <br /> <br /> <br />
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