(A) Vacating.
(1) When, in the opinion of the residential building official, or designee, there is actual and immediate risk of failure or collapse of a building or structure or any part thereof or the existence of defective equipment or service facilities such as to endanger life or health, or when any structure or part of a structure has fallen or failed and use or occupancy of the structure, equipment, service facility and/or equipment or part thereof would, in his or her opinion, endanger life or health, he or she is hereby authorized and empowered to order and require the occupants and inmates to vacate the same forthwith, and/or to forthwith cease, desist and refrain from use or operation of the building, structure, equipment, service facility or part thereof which is deemed dangerous. If such order is made, he or she shall cause to be posted a notice reading: "This (Building (and) Equipment) Is Unsafe and Its Use or Occupancy or Operation Is Prohibited by Law.” and it shall be unlawful for any person thereafter to enter, use and/or operate such structure, equipment, service facility or part, except to repair or demolish.
(2) The residential building official, or designee, shall also cause such work to be done as may be necessary to render such structure, equipment, service facility, or part temporarily safe with regard to passersby and adjacent properties as well as occupants, pending vacation and repair or demolition whether or not he or she has previously issued any order of vacation thereof. In lieu of attempting to make such structure or part temporarily safe for passersby and adjacent properties, he or she may, when necessary for the public safety, temporarily close such adjacent properties and any affected sidewalks, streets and other public ways and areas, and prohibit the use thereof.
(B) Costs of emergency work. Costs incurred by the city in causing emergency work to be performed under the provisions of this section shall be paid in accordance with established purchasing procedures; the City Attorney shall thereupon institute such action as may be appropriate to recover such costs from the owner of such structure or part, and such owner shall be liable for all such costs and all costs of their recovery including but not limited to reasonable attorney’s fees.
(Ord. 9285, passed 3-28-06)