(A) General. Whenever the Code Official or the Code Official’s designated representative shall find in any structure or upon any premises dangerous or hazardous conditions or materials as follows, the Code Official shall order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this subchapter:
(1) Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building, or structure or endanger the occupants thereof;
(2) Conditions which interfere with the efficiency and use of any fire protection equipment;
(3) Obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the egress of occupants or the operation of the Fire Department in case of fire;
(4) Accumulations of dust or waste material in air conditioning or ventilating systems or grease in kitchen or other exhaust ducts;
(5) Accumulations of grease on kitchen cooking equipment, or oil, grease, or dirt upon, under, or around any mechanical equipment;
(6) Accumulations of rubbish, waste, paper, boxes, shavings, or other combustible materials or excessive storage of any combustible material;
(7) Hazardous conditions arising from defective or improperly used or installed electrical wiring, equipment, or appliances;
(8) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive, or otherwise hazardous materials;
(9) Dangerous or unlawful amounts of combustible, explosive, or otherwise hazardous materials; and/or
(10) All equipment, materials, processes, or operations which are in violation of the provisions and intent of this subchapter.
(B) Maintenance. The owner shall be responsible for the safe and proper maintenance of the building, structure, premises, or lot at all times. In all new and existing buildings and structures, the fire protection equipment, means of egress, alarms, devices, and safeguards required by this subchapter and other jurisdictional ordinances, shall be maintained in a safe and proper operating condition.
(C) Occupant responsibility. If an occupant of a building creates conditions in violation of this subchapter, by virtue of storage, handling, and use of substances, materials, devices, and appliances, the occupant shall be held responsible for the abatement of said hazardous conditions.
(D) Unsafe buildings. All buildings and structures that are or shall hereafter become unsafe or deficient in adequate exit facilities or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or by reason of illegal or improper use, occupancy, or maintenance, or which have sustained structural damage by reason of fire, explosion, or natural disaster shall be deemed unsafe buildings or structures. A vacant building, or portion of a building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this subchapter. Unsafe buildings shall be reported to the Building Code Official who shall take appropriate action deemed necessary under the provisions of the Building Code to secure abatement by repair and rehabilitation or by demolition.
(E) Evacuation. When, in the opinion of the Code Official, there is actual and potential danger to the occupants or those in the proximity of any building, structure, or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, the Code Official shall order the immediate evacuation of said building, structure, or premises. All of the occupants so notified shall immediately leave the building, structure, or premises and persons shall not enter or reenter until authorized to do so by the Code Official.
(F) Unlawful continuance. Any person who shall refuse to leave, interfere with the evacuation of other occupants, or continue any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor.
(G) Notice of violation. Whenever the Code Official observes an apparent or actual violation of a provision of this subchapter or other codes or ordinances under the Code Official’s jurisdiction, the Code Official shall prepare a written notice of violation describing the condition deemed unsafe and specifying time limits for the required repairs or improvements to be made to render the building, structure, or premises safe and secure. The written notice of violation of this subchapter shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.
(H) Failure to correct violations. If the notice of violation is not complied with within the time specified by the Code Official, the Code Official shall request the legal counsel of the jurisdiction to institute the appropriate legal proceedings to restrain, correct, or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this subchapter or of any order or direction made pursuant thereto. The police department of the jurisdiction shall be requested by the Code Official to make arrests for any offense against this subchapter or orders of the Code Official affecting the immediate safety of the public.
(Ord. 672, passed 11-2-1989) Penalty, see § 91.99