YOUNGSTOWN Official seeks review of lead proposal

The proposed changes pose constitutional and due process questions.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- The law is coming down on lead.
Law Director Robert Bush Jr. is telling the health department to stop working toward changing the city lead law. His department first must review and approve the proposed changes, Bush said.
Among them is a new mandate that all single-family, owner-occupied homes be tested for lead paint before they're sold or transferred. Expensive lead cleanups wouldn't be necessary, however.
Those disregarding the new testing law would face a $100 fine and up to 90 days in jail. More important, the health commissioner could order an abatement and charge the work to the property owner.
Real estate agents oppose requiring a test, fearing mandatory abatement will follow.
The new law and punishments for violating it are questionable, Bush said.
The changes could impose a burden on selling a home and restrict how a property is used, which could be unconstitutional. Also, there are due process questions about the punishments, he said.
"There's a whole lot of questions," Bush said.
Stated concerns: The law department told city health officials March 15 about its concerns, asking that the process be held up until it could review and approve the changes.
Lawyers in the prosecutor's and law director's offices have been part of developing the lead law changes for close to a year.
A story Monday in The Vindicator outlining the proposed changes said the health board will consider the changes next month. The board already has put the changes through the first of three readings and a public hearing.
"In light of the apparent fact that you have chosen to disregard the initial advice ... I am compelled to issue you a FORMAL DIRECTIVE as your legal advisor," he wrote.
City Health Commissioner Neil Altman said he's not sure why the law department issued the letter. He declined to comment further.