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Whenever any building, structure, place or premises is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing equipment or fire escape equipment, or by reason of any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the extent that the commissioner may specify, is a public nuisance and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved.
Upon application, the commissioner shall rescind such order when the condition that gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such order.
Where there is a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, or where an order to remedy such condition has not been immediately complied with, or the commissioner determines that an emergency exists requiring such action, the commissioner may order and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order and shall include the reason for the issuance of the vacate order. The written vacate order shall include the date by which the owner shall certify the correction of any and all violations giving rise to such vacate order.
(Am. L.L. 2017/150, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Conditions for which the commissioner may issue a vacate order shall include but shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1. Danger of structural failure;
2. Danger of facade failure;
3. Inadequate fire protection, detection, or suppression;
4. Inadequate egress;
5. Improper storage of hazardous, combustible or toxic materials; or
6. Defective or unlawful gas work.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
All orders issued pursuant to section 28-207.4 shall be posted upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and employees of the police department, the department, and other authorized officers and employees of the city shall immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the department and other authorized officers and employees necessary to carry out the provisions of section 28-207.4. A copy of the vacate order may be filed with the county clerk of the county in which the premises is located. A record of the vacate order shall be maintained by the department. When active, the vacate order shall also be documented on the department's website, which is accessible to the public. Such documentation on the department's website shall constitute notice of any active vacate order to any owner or subsequent owner, who shall be subject to such order.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.
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