(A) Unsafe structures.
(1) General. When a structure is found by the appointed authority to be unsafe for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of this chapter.
(2) Closing of vacant structures. If the structure is vacant and is not in danger of structural collapse, the appointed authority is authorized to post a placard of closure (condemnation) on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the appointed authority shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in M.S. Ch. 429, as it may be amended from time to time.
(B) Emergency measures.
(1) Imminent danger.
(a) When, in the opinion of the administrative authority, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the administrative authority is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.
(b) The administrative authority shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the City of Emily.”
(c) 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.
(2) Temporary safeguards. Notwithstanding other provisions of this chapter, whenever, in the opinion of the administrative authority, there is imminent danger due to an unsafe condition, the administrative authority shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the administrative authority deems necessary to meet such emergency.
(3) Closing streets. When necessary for public safety, the administrative authority 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.
(4) Emergency repairs. For the purposes of this section, the administrative authority shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(5) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(6) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this division (B).
(Ord. 450, 1st Series, passed 5-13-2014)