§ 91.12  EMERGENCY ABATEMENT; VACATION OF PREMISES.
   (A)   Imminent hazard. If a situation presents an imminent hazard to life or public safety or immediate likelihood of physical harm, the City Manager may approve an emergency notice and order to take immediate action as is appropriate to correct or abate the condition. In addition, or instead, the City Manager may approve immediate action on the part of city officials to summarily and unilaterally correct or abate the condition or authorize the commencement of an action in Superior Court to enjoin the responsible party to abate the imminent hazard. The inability of city officials to find or contact the responsible party, despite reasonable efforts to do so, in no way affects the city’s right or obligation under this section to summarily and unilaterally correct or abate the condition.
   (B)   Costs of emergency abatement. The city may recover its costs incurred in abating an imminent hazard under this section in the same manner and with the same procedures provided for in § 91.10.
   (C)   Notice and appeal. The notice and appeal provisions of this section do not apply to emergency abatement, except that the owner or occupant or other responsible party shall be served with and have the right to appeal any statement of account for costs of abatement as set forth in § 91.10.
   (D)   Vacation of premises.
      (1)   Unfit for human habitation; declaration and order to vacate. In the case where a building or structure which is determined to be unfit for human habitation as defined by applicable building, health and safety codes, statutes or regulations as defined in this chapter or any other applicable code, statute or regulation, the City Manager is authorized to approve the issuance of a declaration and order to vacate the premises. The declaration and order shall be in essentially the same form as a notice and order to abate.
      (2)   Notice. Service of the declaration shall be complete upon delivery to the occupant, posting in an obvious and conspicuous place on the premises and upon mailing by certified mail, return receipt requested to the owner at his or her last known address. The order to vacate shall not take effect until the time for appeal under this section has lapsed.
      (3)   Appeal and stay. The occupant or owner of the property may appeal the declaration and order to vacate to the City Magistrate Court by delivering to the Court Clerk a written statement of appeal within five days after service is complete. Timely delivery of a written statement of appeal operates as a stay on the order to vacate until the appeal can be heard. The appeal shall be heard and a determination made by the City Magistrate or hearing officer within five days.
      (4)   Violation; removal of posting. Once a building or structure has been declared unfit for human habitation, it shall be a violation of this chapter to remove the posted notice unless and until it has been determined by the city that the conditions warranting the posting have been abated or the City Magistrate or hearing officer has ruled in favor of the responsible party on appeal.
      (5)   Reoccupancy. Once a building has become unoccupied as the result of a notice and order to vacate under this section, it shall remain unoccupied until reinspected and approved for occupancy by the city. The city shall reinspect within two business days of the receipt of a written request by the owner or responsible party.
(1976 Code, § 9-1-8.4)  (Ord. 593-12, passed 8-8-2012)