(A) Right of condemnation. All buildings or structures that are, or hereafter shall become unsafe, unsanitary, or deficient in adequate exit facilities, or which are, or shall constitute a fire hazard, or are, or shall become in any way dangerous to human life or the public welfare or which, by reason of illegal or improper use, occupancy or maintenance are, or shall become unsafe, shall be taken down and removed or shall be made safe and secure as the Building Official or his or her representative shall deem necessary and as provided in this section or any other applicable laws or ordinances, or resolutions. A vacant building which is open to vandalism at door, window or other openings shall conclusively be deemed a fire hazard and unsafe, unless it is guarded in an approved manner.
(B) Examination and record of unsafe, unsanitary, and damaged buildings. The Building Official or his or her representative shall examine every building or structure reported or observed as damaged, dangerous, structurally unsafe, or constituting a health or fire hazard; and he or she shall cause a report of such examination to be prepared and filed in a docket of unsafe or damaged structures and premises, stating the use of the building or structure and the nature and estimated amount of any such damage.
(C) Uncovering defects. Whenever it is established by inspection that definite and serious hazard to safety or health may exist, the Building Official or his or her representative shall have the right to require the removal, or any remove, lath, plaster, boarding, earth or other cover or obstruction thereof, but the extent of such removal shall be that reasonably necessary for such inspection.
(D) Unsafe building orders. If an unsafe or unsanitary condition is found in a building or structure, the Building Official or his or her representative shall serve on the owner, agent, or person in control of the building or structure a written order hereinafter referred to as an “unsafe building order” designating the building or structure, describing the repairs or improvements required to render the building or structure or its equipment or service facilities safe and secure, and/or sanitary, ordering that such repairs or improvements be made, or that the building or structure or equipment or service facilities or unsafe portion thereof be demolished, within a period also stipulated in the order, and requiring the person upon whom the unsafe building order is served to give notice in writing immediately to the Building Official or his or her representative stating whether he or she intends to comply with the unsafe building order and, if the order is in the alternative as to repair or demolition, what action he or she intends to take.
(E) Posting unsafe building orders. If neither the owners agent, or person in control of such unsafe building or structure can be found within the city after reasonable diligent search, the unsafe building order shall be sent to one of them by registered or certified mail directed to his or her last known address; and a copy thereof shall be posted in a conspicuous place on such building or structure; and such procedure shall be deemed the equivalent of personal notice or service.
(F) Discontinuance of service. The Building Official or his or her representative shall furnish a copy of all unsafe building orders to the public utilities serving that building or structure which may be affected by the condition responsible for such order, and shall mark thereon a request that service being furnished the building or structure by such utility be discontinued when in his or her opinion the continuance of such service will constitute a hazard to the public. Upon receipt of such copy of notice and the request thereof, any person, firm, association and the like supplying such service shall promptly discontinue its supply at the meter in the designated portion of the building or structure. It shall be unlawful for such person, firm, association and the like thereafter to continue such service or to restore the same until furnished with a copy of a certificate of approval from the Building Official or his or her representative certifying that an inspection has been made, that the hazardous conditions have been corrected and that the affected installation has been brought into substantial compliance with the requirements of this code.
(G) No liability upon public utilities or public authorities. No liability shall be imposed upon any public service company or public authority for failure to render service, or for disconnecting service to any person or place where such failure of disconnection is based upon the nonissuance of a permit and/or certificate of approval by the Building Official or his or her representative, or upon an order hereunder by the Building Official or his or her representative to disconnect such service, including but not limited to the following:
(2) Disconnection of service to a person or place upon receipt of an “unsafe building order” under the provisions of § 1301.23(F).
(H) Disregard of unsafe building order. Upon refusal of the person on whom an unsafe building order is served to comply therewith, or upon his or her failure or neglect to reply thereto stating his or her intention with regard thereto, or upon his or her failure or neglect actually to comply therewith, or upon his or her use of the unsafe building, structure, equipment or service facilities in violation of the unsafe building order issued under §§ 1301.23 or 1301.24 the proper legal official shall be advised and shall institute such action in the court as may be appropriate to compel compliance.
(I) Appeals. The owner of any building or structure with regard to which an unsafe building order has been issued and served under this section shall have the right to appeal such order to the Board of Building Appeals. Such appeal shall be presented in writing within 10 days after service of such unsafe building order, but shall not operate to stay any emergency action or the performance of any emergency work on such building or structure which the Building Official deems immediately necessary as provided under § 1301.24; nor shall such appeal be heard unless it alleges such order to be unnecessary, improper, or unreasonable, and contains statement of the specific reasons which the appellant contends support such allegation(s).