(A) If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety or property, it may take that action without issuing an order or giving notice; however, this emergency action must be limited to removing any immediate danger.
(B) The enforcement authority may recover the costs incurred by the enforcement authority in taking emergency action, by filing a civil action in the Circuit Court or Superior Court of the county against the persons who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises at the time the enforcement authority found it necessary to take emergency action. The Department is not liable for the costs of this civil action.
(C) If an unsafe premises poses an immediate danger to the life or safety of persons occupying or using nearby property, the enforcement authority may, without following this chapter’s requirements for issuing an order and giving notice, take emergency action to require persons to vacate and not use the nearby property until the danger has passed; however, any person required to vacate an unsafe premises under this division (C) may challenge in an emergency court proceeding the enforcement authority’s determination that the premises poses an immediate danger to the life or safety of any person. In an emergency court proceeding, the enforcement authority has the burden of proving that emergency action is necessary to protect from immediate danger the life or safety of persons occupying or using nearby property.
(Ord. 96-3, passed 2-3-1997)