Chapter 5 BUILDINGS*
ARTICLE III. ADMINISTRATION
Sec. 5-18. Emergency measures.
(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 may order 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 of The City of
Frederick.” It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
(b) Temporary
safeguards. Notwithstanding other provisions of this article, whenever, in the
opinion of the code official, there is imminent danger due to an unsafe
condition, the code official 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 code official deems necessary
to meet such emergency.
(c) Closing streets. When necessary for public
safety, the code 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
utilized.
(d) Emergency repairs. For the purposes of this section, the code
official 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. (Ord. No. G-05-18, § 13, 12-19-05)
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