§ 153.35 EMERGENCY ACTION; RECOVERY OF COSTS.
   (A)   When, in the opinion of the enforcement authority, 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 is 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 owner is given ten days to show or not show proof of imminent danger by hiring a licensed contractor or equivalent expertise.
   (B)   If after the five days the owner has failed to comply, the enforcement authority is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The enforcement authority shall cause to be posted at each entrance to the structure a notice reading as follows: “This structure is unsafe and its occupancy has been prohibited by the enforcement authority.” It shall be unlawful for any person to enter the structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same.
   (C)   Notwithstanding other provisions of this code, whenever, in the opinion of the enforcement authority, there is imminent danger due to an unsafe condition, the enforcement authority shall order the necessary work to be done, including the boarding up of openings to render the structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause other action to be taken as the enforcement authority deems necessary to meet the emergency. For the purpose of this section, the enforcement authority shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
   (D)   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 those costs.
   (E)   Any person ordered to take emergency measures shall comply with that order forthwith. Any affected person shall thereafter be afforded a hearing as described in this chapter.
(1987 Code, § 7-67) (Ord. 33, 2000, passed 11-13-2000) Penalty, see § 10.99