(a) Imminent Danger. When, in the opinion of the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life in 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 Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. They shall cause to be posted as each entrance to such structure a notice reading as follows:
“This structure is unsafe and its occupancy has been prohibited by the Enforcement Officer.”
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 of demolishing the same.
(b) Temporary Safeguards. Notwithstanding other provisions of this Code, whenever, in the opinion of the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee, there is imminent danger due to an unsafe condition, they 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 herein described 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 public safety, the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee 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 Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(e) Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(f) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Appeals Board, be afforded a hearing as described in this Code.
(Ord. 04-24. Passed 5-17-04; Ord. 07-30. Passed 7-16-07.)