When, in the opinion of the Chief Code Official, a structure or building is in a condition of imminent danger, the Chief Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Chief Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY IS PROHIBITED BY THE CHIEF CODE OFFICIAL OF THE CITY OF FAIRBORN, OHIO." 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. Any person either defacing or removing such notice without such approval shall be guilty of a minor misdemeanor and subject to the penalties in Section 1331.106.5 of this Code.
Notwithstanding other provisions of this code, whenever, in the opinion of the Chief Code Official, there is imminent danger due to an unsafe condition of any building, structure, equipment, premises or property, the Chief Code Official shall order the necessary work to be done, including the boarding-up of openings, to render such structure, building, equipment, premises or property temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause all such other action to be taken as the Chief Code Official deems necessary to meet such emergency.
When necessary for the public safety, the Chief Code Official shall temporarily close structures and, only after consultation with the Fairborn City Engineer and the Chief of Police, close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
For the purposes of this section, the Chief Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the City of Fairborn. The Chief Code Official may then cause appropriate action to be taken against the owner of the premises or property where the unsafe structure or building or equipment is or was located for the recovery of such costs.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected per son shall thereafter, upon petition directed to the Appeals Board, be afforded a hearing as described in this Code. (Ord. 21-15. Passed 6-15-15.)