(a) Imminent Danger. When, in the opinion of the Code Official, any building, dwelling, structure or premises poses an imminent danger to any person, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the building, dwelling, structure or premises forthwith. Conditions that will be considered to pose an imminent danger include, but are not limited to:
(1) Failure or collapse of a building, dwelling, or structure or any part thereof which endangers the health, safety or welfare of the occupants or the public;
(2) When any building, dwelling, structure or premises, or any part thereof has fallen and life is endangered by the occupation of the building, dwelling, structure or premises;
(3) When there is actual or potential danger to the building, dwelling, or structure’s occupants, those in the proximity of it, or the public because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials;
(4) Operation of defective or dangerous equipment or fixtures that endangers the health, safety or welfare of the occupants, those in proximity of it, or the public.
(b) Notice. The Code Official shall cause to be posted at each entrance to such building, dwelling, structure or premises a notice reading as follows: “This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(c) Emergency Repairs.
(1) Notwithstanding other provisions of this Code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition that creates an emergency, the Code Official shall order the necessary work to be done to render such structure temporarily safe, including the boarding up of openings, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken he deems necessary to meet such emergency.
(2) For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(3) Costs incurred by the City in the performance of emergency work shall be charged against the property upon which the structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(d) Closing Streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(Ord. 04-36. Passed 1-18-05.)
(Ord. 04-36. Passed 1-18-05.)