(A) Imminent danger.
(1) When in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure or any part thereof or the existence of defective equipment or service facilities which endangers life or health, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Building Official is hereby authorized and empowered to order and require the occupants to vacate the same forthwith, and/or forthwith cease, desist and refrain from use or operation of the building, structure, equipment, service facility or part thereof which is deemed dangerous. The Building Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This building is unsafe and its use or occupancy or operation is prohibited by law.” It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same.
(2) When necessary for the public safety, the Building Official shall 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 used.
(B) Temporary safeguards. When in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure described in § 150.041 has been instituted. The Building Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(C) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on the approval of the Director of Public Service. The legal counsel of the jurisdiction shall institute appropriated action against the owner of the premises where the unsafe structure is or was located.
(D) Unsafe equipment. Equipment deemed unsafe by the Building Official shall not be operated after the date stated in the notice unless the required repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the Building Official in writing. The Building Official shall have the authority to seal out of service any unsafe device or equipment regulated by this code and such equipment shall be plainly identified as being unsafe. The identification shall not be tampered with, defaced, or removed except by the Building Official and shall indicate the reason for such sealing.
(Ord. 98-152, passed 12-9-98; Am. Ord. 07-106, passed 10-3-07) Penalty, see § 150.999