§ 35.26 PROCEDURE FOR EMERGENCY WORK.
   (A)   When notices cannot be served.
      (1)   In the event that the owner or occupant of any land, building or structure upon which a notice is to be served under the terms and provisions of the Fire Prevention Code does not reside in Garrett County or the whereabouts of any such owner or occupant cannot be ascertained by the Fire Marshal by examining the tax records of said Garrett County and the latest telephone directories and making inquiry of the occupants, if any, of any such land, building or structure, then any such notice shall be conspicuously posted by a duly authorized representative of the Fire Marshal upon that part of any land, building or structure to which such notice related, which is closest to a street, public highway or the usual entrance to said premises, so that such notice will be visible to the general public.
      (2)   After any such notice has been posted as aforesaid, the Fire Marshal shall take no action in connection with any premises so posted until and after the expiration of a period of 30 days, except that, in cases of emergency, the Fire Marshal shall proceed in accordance with the provisions of the Fire Prevention Code. In all cases where any such notice is posted on any land, building or structure as herein above provided, such posting shall be deemed to be adequate and sufficient service of such notice.
   (B)   Failure to comply with notices. In the event that any person fails to comply with the requirements of any notice issued pursuant to the provisions of the Fire Prevention Code, each failure shall constitute a violation of the Fire Prevention Code, and the Fire Marshal shall take any and all action that he or she may deem necessary or expedient and shall, with the consent of the County Commissioners, institute or cause to be instituted any and all appropriate legal actions or proceedings which may be necessary, expedient or proper to prevent the commencement or the continuation of or to eliminate, abate or correct the condition or conditions which are complained of or which are the subject matter of such notice.
   (C)   Extension of time limit on notices. The Fire Marshal may extend the period or periods of time within which the requirements of any notice must be complied with.
   (D)   Power of the Fire Marshal in emergencies. In case of the existence of an emergency where life or property is in immediate danger from any cause or thing covered or contemplated to be covered by the Fire Prevention Code and there is not sufficient time to comply with the provisions of the Fire Prevention Code, the Fire Marshal is hereby authorized and empowered to and shall promptly and immediately take any and all action that may be necessary to protect such life and property without complying with the provisions of the Fire Prevention Code.
   (E)   Labor and material for emergency work. In all such cases of emergency where life or property is in immediate danger and it is necessary to perform any work or operation to protect life or property (the "work"), the Fire Marshal is hereby authorized and empowered to temporarily employ such persons and purchase such material, either directly or by contract, as may be necessary to perform the work. In any and all such cases, the entire amount or amounts of all costs or expenses associated with the work may be assessed against the party responsible for having caused the work to be performed.
(Res. 2022-7, passed 7-11-2022)