Cal. Civ. Code § 460.800
Judicial Proceedings
Operative Text
(A) Initiation. A State Program, local lead poisoning prevention program or local code enforcement
inspector shall within seven working days initiate judicial proceedings which may be either criminal
proceedings seeking enforcement of penalties provided under M.G.L. c. 111, §§ 194 through 199A
and the sanitary code, 105 CMR 400.700; or a civil action for injunctive relief, brought pursuant to
M.G.L. c. 111, §§ 127A through 127C, or c. 186, § 14, or c. 93A, against the owner, and any other
person who may be joined pursuant to M.G.L. c. 111, § 127N, if:
(1) In a case involving a lead poisoned child:
(a) If any of the following are not received by the code enforcement agency within 30 days
of the owner’s receipt of the Order to Correct Violation(s) as specified at 105 CMR
460.751(A)(1) and (B)(1): a copy or copies of a signed contract(s) with an authorized
person(s), as specified at 105 CMR 460.751(B)(1); written documentation of an effort to
secure financing for abatement and/or containment, as specified at 105 CMR 460.751(A)(1);
and if an authorized owner or owner’s agent is going to perform low- and/or moderate-risk
abatement and containment work, a copy of the owner’s or owner’s agent’s authorization and
a written statement of timelines for completion of the work; or
(b) the owner submitted documentation of an effort to secure financing for abatement and/or
containment for full compliance, as specified at 105 CMR 460.751(A)(1), but either of the
following are not received by the code enforcement agency within 60 days of the owner’s
receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(A)(2): a copy
or copies of a signed contract(s) with an authorized person(s), and if an authorized owner or
owner’s agent is going to perform low- and/or moderate-risk abatement and/or containment,
a copy of the owner’s or owner’s agent’s authorization and a written statement of timelines for
completion of the work; or
(c) interior and/or exterior abatement and/or containment for full compliance is not completed
within the time periods specified in 105 CMR 460.751(A)(2) or (B)(1). This may be
determined by the code enforcement agency’s failure to receive notification of abatement
and/or containment pursuant to 105 CMR 460.150.
(2) In a case in which no lead poisoned child resides in the premises:
(a) Either of the following are not received by the code enforcement agency within 60 days
of the owner’s receipt of the Order to Correct Violation(s) as specified at 105 CMR
460.751(C)(1): a copy or copies of a signed contract(s) with an authorized person(s), and if
an authorized owner or owner’s agent is going to perform low- and/or moderate-risk
abatement and/or containment work, a copy of the owner’s or owner’s agent’s authorization
and a written statement of timelines for completion of the work; or
(b) interior abatement and/or containment for full compliance, or as required for interim
control, is not completed and documented within the time periods specified in 105 CMR
460.751(C)(1); or
(c) a Letter of Full Compliance, Letter of Interim Control or Certification of Restored
Compliance is not issued within 120 days of the owner’s receipt of the Order to Correct
Violation(s).
(B) Repair by Code Enforcement Agency. If within the time period specified in the Order to Correct
Violation(s) the property is not brought into full compliance, restored to full compliance, or interim
controls are not completed, the code enforcement agency may contract with an authorized person or
persons to correct the violations and obtain either a Letter of Full Compliance, a Certification of
Restored Compliance, or, in the case of a child who is not lead poisoned, a Letter of Interim Control,
and bill the owner, or initiate court action to reimburse itself.
(C) Prosecution of Judicial Proceedings. The code enforcement agency shall diligently prosecute all
judicial proceedings without substantial delay.Section 460.800 establishes a mandatory timeline under which state or local lead-poisoning prevention and code enforcement programs must initiate judicial proceedings—either criminal enforcement or civil injunctive action—against property owners who fail to meet lead-hazard correction deadlines. The triggers vary depending on whether a lead-poisoned child lives in the property, with shorter compliance windows (30 or 60 days) applying in those cases and a 120-day outer limit applying in cases without a lead-poisoned child. If a property remains out of compliance, the code enforcement agency may also arrange for repairs directly and seek reimbursement from the owner through billing or court action.
Plain English — not legal advice.
Under 105 CMR 460.800, compliant property owners respond promptly to an Order to Correct Violation(s) by submitting signed contracts with authorized persons, financing documentation, and work timelines within the applicable 30- or 60-day windows. Owners who miss these deadlines—or whose abatement and containment work is not completed and documented within the required periods—expose themselves to criminal prosecution or civil injunctive action initiated by the code enforcement agency. If the agency steps in to perform repairs itself under section 460.800(B), it may bill the owner directly or pursue reimbursement through the courts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 460.800 requires state and local lead-poisoning prevention programs to initiate judicial proceedings within seven working days when an owner fails to meet lead-hazard correction deadlines, providing a legal mechanism that can compel owners to act. Tenants in households with a lead-poisoned child benefit from the shorter compliance timelines built into this provision, which are designed to accelerate enforcement. Tenants who believe an owner is not meeting these obligations may contact their local code enforcement agency or a tenant-rights organization to understand what enforcement options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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