1504.04 TEMPORARY RESTRAINING ORDER; NOTICE OF DANGER; ORDER TO VACATE; MANDAMUS.

   (a)    The Court of Common Pleas shall have jurisdiction upon a complaint filed by a Fire Official to restrain immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this code for any condition or practices in any building or upon any premises which violates this Fire Prevention Code and are such that a fire or explosion hazard exists which could reasonably be expected to cause death or serious injury. Any order issued under this subsection may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger.

   (b)    Whenever a Fire Official concludes that conditions or practices described in subsection (a) hereof exists in any building or on any premises, he shall inform the owner, operator, lessees, occupants and other affected persons of the danger and that he is seeking relief. If necessary to preserve life, the Fire Official may orally order the building or premises vacated immediately. Such an order shall remain in effect for not more than twenty-four hours. In addition, written notices shall be posted in conspicuous places on the building or premises regarding the order.

   (c)    If any Fire Official fails to seek relief of this section, any person who may be injured by reason of such failure may bring an action against the Fire Official in the Court of Common Pleas of Franklin County for a writ of mandamus to compel the Fire Official to seek such relief. (Ord. 50-10. Passed 8-17-10.)