(A) Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life or adjacent property, 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 operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure and premises a notice containing the following language:
"This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official".
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 demolishing the structure.
(B) Temporary safeguards. Notwithstanding other provisions of this chapter, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure described in this chapter has been instituted, and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
(C) Closing streets. When necessary for the public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(D) Emergency repairs. For the purposes of this section, the Code Official shall have the authority to employ and purchase any necessary labor and materials to perform the required work for emergency repairs as expeditiously as possible without the need to comply with any town bidding, procurement or purchasing ordinances or requirements.
(E) Costs of emergency repairs. All costs incurred in the performance of emergency work shall be paid from the town’s general fund upon approval of the Code Official and the Town Attorney shall institute appropriate action against the owner of the premises where the unsafe structure is or was located to perfect any lien and/or the recovery of all costs incurred by the town in making said repairs.
(F) Hearing. Any person ordered to take emergency measures shall comply with such order immediately. Any affected person shall thereafter, upon petition directed to the Appeals Board, be afforded a hearing as described in this chapter, but may not delay any such emergency appeal pending such appeal without the written approval of the Code Official.
(Ord. 2002-15, passed 10-14-02)