(A) If the Fire Marshal finds that for any reason, a building, structure, piece of equipment or process is manifestly unsafe for the purpose for which it is being used or is a fire hazard, as defined in this chapter, the Fire Marshal shall immediately, summarily and without being required to give any notice whatsoever, cause the use and/or occupancy of all or any portion of such building or structure in which such fire hazard exists to be discontinued and may close said building or structure or part thereof by posting of notice or by barricade or other means, and prevent the use or occupancy.
(B) It is unlawful for any person to refuse to leave such building, structure or portion thereof when ordered by the Fire Marshal to vacate the same.
(C) The Fire Marshal may require vacation of the adjoining buildings, closing up of entrances, barricading of the sidewalk and streets or any other precaution including disconnection of utility services, immediate dismantling or removal of installations, materials or substances and the wrecking of all or any portion of the building or structure that he or she may find necessary as an emergency measure to safeguard human life.
(D) Summary action under this section and any appeal therefore shall be in addition to any other procedures applicable under this chapter.
(E) Notwithstanding the mandatory directives to the Fire Marshal contained in this division (E), the Fire Marshal may, in the exercise of his or her authority, and in lieu of ordering the vacation of such building or structure, impose alternative interim measures, including, but not limited to, the imposition of a fire watch as established in § 91.036, when, in the opinion of the Fire Marshal, such interim measures will reduce such hazard so that it is no longer imminently dangerous so that persons may temporarily occupy such building or structure, until such hazard has been abated.
(F) The owner, the owner’s agent or the occupant shall reimburse the city for any expenditures by the Fire Marshal in precautionary measures under this section or such expenditures shall be included as an additional item and be spread as an assessment against the property.
(G) If a building or structure used for low income multi-family housing is found to be imminently dangerous, as set forth in division (A) above, the Fire Marshal shall not cause the use and/or occupancy of the building or structure to be discontinued immediately, but shall report the matter to the Fire Chief who shall report the matter to the City Administrator and Council for consideration of rehabilitation and repair, provided that the Fire Marshal, in the exercise of his or her discretion, finds that interim measures, including, but not limited to, a fire watch, will reduce the hazard so that it is no longer imminently dangerous until the Council has heard the matter.
(Ord. 382, passed 12-12-2005) Penalty, see § 91.999