§ 4-121. Administration; Section 117, Emergency Measures.

(a)

Section 117.1, Imminent Danger. When, in the opinion of the Director or the Director's designee, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Director or the Director's designee is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The Director or the Director's designee 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 Director or the Director's designee.' 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.

(b)

Subsection 117.1.1, Abatement of Uncompleted Structures. In the event that the responsible party fails to complete construction of a structure at the time of expiration, abandonment, or revocation of the building permit, and in the event that the responsible party fails to comply with the lawful order of the Director or the Director's designee to make safe by the completion of the construction or to demolish an unsafe and uncompleted structure, the Director or the Director's designee shall cause emergency work to be completed as required, to abate the unsafe conditions by appropriate means, including the demolition and removal of dangerous structures, using such public or private resources required and available.

(c)

Section 117.1.2, Abatement of Unsafe Conditions. When, in the opinion of the Director or the Director's designee, there is an imminent danger to human life or the public welfare due to an unsafe condition, the Director or the Director's designee shall cause the necessary work to be done to eliminate the condition including, but not limited to, the demolition of the structure or structures. The Director or the Director's designee shall cause to be published, for three (3) consecutive days, in a County newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is unsafe and constitutes an immediate and continuing hazard to the community; and a statement that the County intends to demolish same if the owner fails to do so. The provisions of Section 4-121(a) shall not apply. A person objecting to the proposed actions of the County may file an objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished within thirty (30) days of mailing the notice to the owners of record, or within thirty (30) days of the last day of publication of the notice in a County newspaper of record, whichever is later, the Director or the Director's designee shall have the power to demolish the structure or structures.

(d)

Section 117.2, Temporary Safeguards. When, in the opinion of the Director or the Director's designee, there is imminent danger due to an unsafe condition, the Director or the Director's designee shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted. The Director or the Director's designee shall cause the necessary work to be completed in the following manner: to secure doors and windows the material shall be cut to fit either within the recess of the exterior finish wall if the door or window is recessed or to fit on the door or window trim if the trim is applied on top of the exterior wall. The preferred material for windows shall be a transparent material such as Lexan or Plexiglas. If solid materials are used to secure either windows or doors, the solid material shall be painted either white or to match the color of the trim. At the time the structure is secured, the Director or the Director's designee shall notify the owner that the temporary measures have been taken and that the owner is required to restore the structure within thirty (30) days and that the owner is subject to citation directing that the building be repaired to restore the building envelope. If the structure is not restored within thirty (30) days, the owner shall be fined one thousand dollars ($1,000) for each month that the structure is not restored and that the violation continues. For damage to the building as a result of a storm or fire, the Director or the Director's designee may exercise discretion to extend the initial 30-day period without assessing a fine where the owner and insurer are promptly and actively undertaking repairs to the building.

(e)

Section 117.3, Closing Streets. When necessary for the public safety, the Director or the Director's designee shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to the unsafe structure and prohibit the same from being used.

(f)

Section 117.4, Emergency Repairs. For the purpose of this Section, the Director or the Director's designee shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(g)

Section 117.5, Cost of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on certificate of the Building Official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe condition was located for recovery of such costs, including, but not limited to, certification for a tax lien as provided by Section 117.7.

(h)

Section 117.6, Unsafe Equipment. Equipment deemed unsafe by the Director or the Director's designee 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 Director or the Director's designee in writing.

(i)

Section 117.6.1, Authority to Seal Equipment. In the case of an emergency, the Director or the Director's designee shall have the authority to seal out of service immediately any unsafe device or equipment regulated by this Code.

(j)

Section 117.6.2, Unlawful to Remove Seal. Any device or equipment sealed out of service by the Director or the Director's designee shall be plainly identified in an approved manner. The identification shall not be tampered with, defaced or removed except by the Director or the Director's designee and shall indicate the reason for such sealing.

(k)

Section 117.7, Creation of a Tax Lien. There is created a tax lien on real property for monies expended by the County for the making safe of buildings or structures and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety. Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.

(CB-87-1979; CB-134-1981; CB-129-1983; CB-121-1985; CB-97-1989; CB-50-1990; CB-63-1995; CB-54-2002; CB-13-2009; CB-18-2013; CB-90-2015)