(A) Imminent danger. When, in the opinion of the Chief Code Enforcement Officer, or his or her designee, 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 Chief Code Enforcement Officer, or his or her designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Chief Code Enforcement Officer, or his or her designee shall post 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." It shall be unlawful for any person to enter such structure except with the approval of the Chief Code Enforcement Officer, his or her designee for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Any person who enters or occupies a premises placarded with a notice or operates equipment placarded with a notice, and any owner or any person responsible for the premises who lets anyone enter or occupy a premises placarded with a notice or operate equipment placarded with a notice without authorization of the Chief Code Enforcement Officer, or his or her designee shall be charged under R.C. §2921.31 a misdemeanor of the second degree. Should a violation of this section create a risk of physical harm to any person, the charge shall be upgraded to a felony of the fifth degree. Any person who moves, defaces, damages, or destroys a placard without the approval of the Chief Code Enforcement Officer or his or her designee shall be charged under R.C. §2909.07(A)(4) a misdemeanor of the third degree. Should a violation of this section create a risk of physical harm to any person, the charge shall be upgraded to a misdemeanor of the first degree.
(B) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Chief Code Enforcement Officer, or his or her designee, there is imminent danger due to an unsafe condition, the Chief Code Enforcement Officer, or his or her designee shall 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 shall cause such other action to be taken as the Chief Code Enforcement Officer, or his or her designee deems necessary to meet such emergency.
(C) Closing streets. When necessary for public safety, the Chief Code Enforcement Officer 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 utilized.
(D) Emergency repairs. For the purposes of this section, the Chief Code Enforcement Officer shall employ 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 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 such costs, including an administrative fee as specified in Chapter 37
, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton.
(F) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Board of Zoning Appeals, be afforded a hearing as described in this code.
(Ord. 3673, passed 8-11-20)