(A) Imminent danger. When, in the opinion of the Code Official, or his or her designee, there is imminent danger of failure or collapse of a building or structure that 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 the operation of defective or dangerous equipment, the Code Official, or his or her designee, is hereby authorized and empowered to order and require the occupants to vacate the premises. The Code Official, or his or her designee, 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 Code Official.” It shall be unlawful for any person to enter the structure except to secure the structure, make the required repairs, or remove or demolish the hazardous condition.
(B) Emergency action. When, in the opinion of the Code Official, or his or her designee, there is imminent danger of failure or collapse of a building or structure that 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 persons in the proximity of any such structure, the Code Official, or his or her designee, is hereby authorized and empowered to order and require the structure to be removed without notice and without a hearing before the Code Enforcement Board or a court order.
(C) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, or his or her designee, there is imminent danger due to an unsafe condition, the Code Official, or his or her designee, shall order the necessary work to be done, including the boarding up of openings, to render the 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 Code Official, or his or her designee, deems necessary to meet the emergency.
(D) Closing streets. When necessary for public safety, the Code Official, or his or her designee, shall temporarily close structures and close, or order the city or other agency having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(E) Emergency repairs. For the purposes of this section, the Code Official, or his or her designee, may employ the necessary labor and materials to perform the required work as expeditiously as possible when it has been determined that emergency actions are necessary to secure a structure from imminent collapse.
(F) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the city. The City Attorney shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(G) Hearing. Any person ordered to take emergency measures shall comply with the order forthwith. Any affected person shall thereafter, upon petition directed to the Code Enforcement Board, be afforded a hearing as described in this code.
(Ord. 2019-01, passed 7-15-19)