(a) Imminent Danger. When, in the opinion of the Code Official, 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 Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows.
"This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." No person shall enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same.
(b) Temporary Safeguards. Notwithstanding other provisions of this Code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official is hereby authorized and empowered to 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 is hereby authorized and empowered to cause such other action to be taken as the Code Official deems necessary to meet such emergency.
(c) Closing of Structures and Streets. When necessary for the public safety, the Code Official is authorized and empowered to 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 Code Official is hereby authorized and empowered to employ, subject to compliance with the City Charter and ordinance requirements as to making contracts or financial commitments on behalf of the City, 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 may be paid from the treasury of the jurisdiction on approval of the Code Official, subject to compliance with the City Charter and ordinance requirements as to making contracts or financial commitments on behalf of the City. The legal counsel of the jurisdiction may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. The costs of such emergency work to correct hazardous conditions shall be certified by the Clerk of Council to the County Auditor as a tax lien upon the premises in the manner provided in Ohio R.C. 715.261. Based on the emergency nature of such costs, notice to owners and lienholders of the emergency work may be given by other than certified mail, may give less than the thirty days advance notice otherwise required under Section 1482.23(a), or may be dispensed with entirely. If no advance notice at all is given, however, the lien authorized by Ohio R.C. 715.261 for such costs shall be subordinate to any liens of prior record.
(f) Hearings. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Code Appeals Board, be afforded a hearing as described in this Code.
(Ord. 00-03. Passed 5-15-00.)