(a) In addition to all other powers and authority generally afforded the commissioner of health elsewhere under the Municipal Code, the commissioner shall have the following specific powers and responsibilities under this article:
(1) to inspect, sample, or test buildings, facilities, architectural surfaces, or other structures for the purpose of determining compliance with the provisions of this article;
(2) to undertake asbestos inspection of (i) any building, facility or other structure which is being demolished; (ii) any building, facility or other structure where interior renovation is being conducted; and (iii) any building, facility or other structure which was built before 1980.
(3) to abate public nuisances created by the demolition, renovation, alteration, repair, cleaning or maintenance of buildings, facilities, architectural surfaces, or other structures in violation of or noncompliance with the provisions of this article; and
(4) to take any other actions, including but not limited to, instituting any legal proceedings or administrative actions required to assure compliance with the provisions of this article. In addition, the commissioner is authorized to take any abatement actions deemed necessary in accordance with the provisions of Section 11-4-025 of this Code.
(b) The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require any building, facility, architectural surface, or other structure to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by any activity or condition in violation of any of the provisions of this article, or (ii) any activity or operation is being conducted without a required permit or authorization. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment.
(c) In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity has created, or is creating: an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(d) If the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor or any other person involved in the performance of the subject activity with a written order to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's order to abate, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(e) In addition to any other penalties imposed in this article, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)