Landlords face contempt ruling on house's lead cleanup
EVANSVILLE — In a first-of-its-kind ruling, a judge has ordered the landlords of an Evansville house contaminated with lead paint to comply with a cleanup agreement or be held in contempt of court.
The lawsuit, filed in November 2009 in Vanderburgh Circuit Court, alleged that landlords Mark R. Bryan and Tammy A. Bryan had refused to fix lead paint hazards in a house after a tenant's child was found to have elevated blood lead levels.
It was filed by Indiana Attorney General Greg Zoeller's office on behalf of the Vanderburgh County Health Department after the Bryans allegedly ignored multiple warnings to fix the problems, and failed to comply with their own April 2010 agreement with the county.
Vanderburgh Circuit Court Judge Carl Heldt ruled in favor of the state on Jan. 14. He ordered the owners to remediate or demolish the house, and also to pay $13,050 in attorney's fees.
A spokesman for the attorney general's office said Friday that the Bryans have failed to appeal the judgment within the required 30 days.
Bryan Corbin, of the attorney general's office, said the property owners have now lost their right to appeal and must comply by an April 29 deadline set by the judge or face being held in contempt of court. A June 10 court date has been set to check compliance.
It is the first time the state has successfully brought a nuisance suit under Indiana's environmental laws on behalf of local efforts to enforce compliance with lead hazard regulations. Although the attorney general's office has offered such support going back to Zoeller's predecessor, Steve Carter, the Vanderburgh County lawsuit was the first such action ever taken in the state.
"We have set a precedent that a county may sue for nuisance for lead paint contamination and also in doing so to recover costs," Corbin said.
He said the Bryans, who do not reside together, have not answered legal notices throughout the proceeding and that communications to Mark Bryan have been returned undeliverable. Court records listed his address as being in Key Largo, Fla.
Dwayne Caldwell, the health department's environmental health supervisor, said the county is still waiting to hear from the owners.
Alerted by test
The property came to the county's attention in January 2008 after a tenant's child tested for elevated lead blood levels.
A health risk assessment confirmed at least 15 lead hazards in and around the home, including high levels of lead in the child's bedroom and in the bare soil of a backyard play area. Lead-contaminated dust also was in a windowsill.
Lead hazards generally are created from the dust caused by opening and closing windows and doors with lead paint, and by tracking in contaminated soil from yards.
Caldwell said new federal regulations require contractors and businesses doing home renovations to be trained and licensed for working with lead hazards by the U.S. Environmental Protection Agency, and provide owners with a pamphlet informing them about the requirements and health risks.
The training involves taking an eight-hour class, Caldwell said.
According to Health Department records, there were 106 reported cases of children with elevated lead blood levels in 2009 and 81 in 2010.
Small children are most at risk from lead poisoning because it can damage their still-developing brains and nervous systems. Small children are more likely to crawl and play in dusty and dirty areas where lead from deteriorating paint can be present.
