(A) The term UNSAFE EQUIPMENT as used in this Ordinance is hereby defined to mean any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment which is in such disrepair or condition that it is a hazard to the life, health, property, or safety of the public or the occupants of any premises or structure.
(B) Any unsafe equipment in the City is hereby declared to be a nuisance. It shall be unlawful to maintain and permit the existence of any unsafe equipment in the City; and it shall be unlawful for the owner, occupant, or person in custody of any unsafe equipment on the premises upon which it is situated to permit the same to remain in an unsafe condition.
(C) (1) Whenever the Building Official, or any person designated by him, upon inspection of any equipment in the City shall be determined that such equipment constitutes unsafe equipment, he shall thereupon cause written Notice to be served upon the owner and the occupant thereof by registered or certified mail to the last-known address or by personal service. Such Notice shall state that the equipment has been declared to be unsafe equipment and that such unsafe equipment must be removed or repaired and that the removal or repair must be completed immediately and without delay. In addition, the unsafe equipment shall be placarded and designated as unsafe equipment.
(2) If a person receiving such Notice of unsafe equipment has not complied therewith within ten (10) days from the time that the Notice is served upon such person, then the City Manager, or someone designated by him, may proceed to remedy the condition or remove the unsafe equipment or repair the unsafe equipment. The owner or possessor of the equipment or other responsible person shall be jointly and severally liable for all costs, including a reasonable attorney’s fee, incurred by the City in removing or repairing the unsafe equipment or remedying the unsafe condition. In addition, any person, firm, or corporation violating any provision of this Ordinance by permitting any unsafe equipment to remain in an unsafe condition shall be fined as provided in this Ordinance for each offense; and a separate offense shall be deemed committed on each date during or on which the violation occurs or continues.
(Prior Code, Art. 5, § 5.11)