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Toledo delays enforcing lead ordinance to Dec. 1

A lawsuit filed in June has caused the city's controversial lead ordinance to be delayed again after a pre-trial meeting Thursday.

TOLEDO, Ohio — The city of Toledo has to wait even longer to enforce its controversial lead ordinance after a property owner sued, causing them to hold off until Dec. 1.

It happened during a meeting Thursday morning between the city and those filing the suit.

The ordinance requires landlords of homes built before 1978 to have lead paint removed. Enforcement was supposed to start earlier this summer.

In the meantime, they will work to draw a new version that addresses some of the concerns that have been raised.

This comes after a string of delays in which the city will amend the challenges against them.

Attorney Andy Mayle and his client filed the lawsuit that alleges 3 challenges against the lead ordinance.

The lawsuit claims the municipal code does not grant the city the ability to enforce the ordinance with a $10,000 fine.

It also states that violations should be litigated through the Housing Division of the Toledo Municipal Court, and it argues the city and the Toledo-Lucas County Health Department are acting outside of their powers.

Before the enforcement on Dec. 1, the city is ordered to create both a draft of the ordinance near the end of September and hold another pretrial meeting in November.

Mayle said the amendment may include the penalty, but is unsure.

"We're going to ask the city just to repeal the ordinance altogether and just be done with this, but it remains to be seen," he said.

He also said his client and him will tell the city the ordinance is not fair. Mayle claims it puts all the burden on the clients who did not originally create this program and only targets 1-4 unit residential properties.

The city said they are working on the issues of the ordinance that are subject to the lawsuit and will continue the enforcement's suspension during this time as it is still in court.

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