(A) If in any instance the Office of Code Enforcement shall find that it is necessary to take emergency action with reference to an unsafe premises in order to protect life, safety, or property, the office may cause such action as is necessary to protect life, safety, or property to be performed without issuing an order or giving notice.
(B) This emergency action shall be limited to removing any immediate danger. The: costs incurred by the Office of Code Enforcement in taking or having the action taken may be recovered against the persons who have, a fee interest or life estate interest in the unsafe premises by the filing of a civil action in the circuit or superior court of the county by the town.
(C) If an unsafe premises poses an immediate danger to the life or safety of persons occupying or using nearby property, the enforcement authority may, without following this chapter's requirements for issuing an order and giving notice, take emergency action to require persons to vacate and not use the nearby property until the danger has passed. However, any person required to vacate an unsafe premises under this subsection may challenge in an emergency court proceeding the Enforcement Authority's determination that the premises poses an immediate danger to the life or safety of any person. In an emergency court proceeding, the enforcement authority has the burden of proving that emergency action is necessary to protect from immediate danger the life or safety of persons occupying or using nearby property.
(D) Instead of filing a civil action to recover the costs incurred by the Enforcement Authority in taking emergency action, the Enforcement Authority may set a hearing for the Hearing Authority to review the necessity of the emergency action and the amount of the costs of the emergency action. Notice of the hearing must be provided to each person with a known or recorded substantial property interest in the unsafe premises. If the emergency action or the costs of the emergency action are determined by the Hearing Authority to have been an abuse of discretion or otherwise unlawful, the hearing authority may reduce or deny the costs of the emergency action as warranted under the circumstances; otherwise, the Hearing Authority shall affirm the costs of the emergency action.
(1992 Code, § 7-86) (Ord. 584, § 12, passed - -1981; Am. Ord. 1324, passed 6-28-2016)