PL PACKET 02192008 - Laserfiche WebLink

Home Browse Search

ADMINISTRATION sanitary or heating facilities or other essential equipment ger to the building occupants or those in the proximity of any required by this code,or because the location of the struc- structure because of explosives,explosive fumes or vapors or ture constitutes a hazard to the occupants of the structure or the presence of toxic fumes,gases or materials,or operation of to the public. defective or dangerous equipment,the code official is hereby 108.1.4 Unlawful structure.An unlawful structure is one authorized and empowered to order and require the occupants found in whole or in part to be occupied by more persons to vacate the premises forthwith.The code official shall cause than permitted under this code, or was erected, altered or to be posted at each entrance'to such structure a notice reading occupied contrary to law. as follows: `"Phis Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."It shall be unlawful for 108.2 Closing of vacant structures.If the structure is vacant any person to enter such structure except for the purpose of and unfit for human habitation and occupancy, and is not in securing the structure,making the required repairs,removing danger of structural collapse,the code official is authorized to the hazardous condition or of demolishing the same. post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance.Upon 109.2 Temporary safeguards.Notwithstanding other provi- failure of the owner to close up the premises within the time sions of this code,whenever,in the opinion of the code official, specified in the order,the code official shall cause the premises there is imminent danger due to an unsafe condition,the code to be closed and secured through any available public agency official shall order the necessary work to be done,including the or by contract or arrangement by private persons and the cost boarding up of openings,to render such structure temporarily thereof shall be charged against the real estate upon which the safe whether or not the legal procedure herein described has structure is located and shall be a lien upon such real estate and been instituted;and shall cause such other action to be taken as may be collected by any other legal resource. the code official deems necessary to meet such emergency. 108.3 Notice. Whenever the code official has condemned a 1093 Closing streets.When necessary for public safety,the structure or equipment under the provisions of this section, code official shall temporarily close structures and close, or notice shall be posted in a conspicuous place in or about the order the authority having jurisdiction to close, sidewalks, structure affected by such notice and served on the owner or the streets, public ways and places adjacent to unsafe structures, person or persons responsible for the structure or equipment in and prohibit the same from being utilized. accordance with Section 107.3.If the notice pertains to equip- 109.4 Emergency repairs.For the purposes of this section,the ment,it shall also be placed on the condemned equipment.The code official shall employ the necessary labor and materials to notice shall be in the form prescribed in Section 107.2. perform the required work as expeditiously as possible. 108.4 Placarding.Upon failure of the owner or person respon- 109.5 Costs of emergency repairs.Costs incurred in the per- sible to comply with the notice provisions within the time formance of emergency work shall be paid by the jurisdiction. given,the code official shall post on the premises or on defec- The legal counsel of the jurisdiction shall institute appropriate tive equipment a placard bearing the word"Condemned"and a action against the owner of the premises where the unsafe statement of the penalties provided for occupying the premises, structure is or was located for the recovery of such costs. operating the equipment or removing the placard. 109.6 Hearing. Any person ordered to take emergency mea- 108.4.1 Placard removal.The code official shall remove sures shall comply with such order forthwith.Any affected per- the condemnation placard whenever the defect or defects son shall thereafter,upon petition directed to the appeals board, upon which the condemnation and placarding action were be afforded a hearing as described in this code. based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by SECTION 110 this code. DEMOLITION 108.5 Prohibited occupancy. Any occupied structure con- 110.1 General.The code official shall order the owner of any demned and placarded by the code official shall be vacated as premises upon which is located any structure,which in the code ordered by the code official. Any person who shall occupy a official's judgment is so old,dilapidated or has become so out placarded premises or shall operate placarded equipment,and of repair as to be dangerous, unsafe, insanitary or otherwise any owner or any person responsible for the premises who shall unfit for human habitation or occupancy, and such that it is let anyone occupy a placarded premises or operate placarded unreasonable to repair the structure, to demolish and remove equipment shall be liable for the penalties provided by this such structure; or if such structure is capable of being made code. safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option;or where there has SECTION 109 been a cessation of normal construction of any structure for a EMERGENCY MEASURES period of more than two years, to demolish and remove such structure. 109.1 Imminent danger.When,in the opinion of the code offi- cial,there is imminent danger of failure or collapse of a build- with Notices and orders.All notices and orders shall comply w ing or structure which endangers life,or when any structure or with Section 107. part of a structure has fallen and life is endangered by the occu- 110.3 Failure to comply.If the owner of a premises fails to pation of the structure,or when there is actual or potential dan- comply with a demolition order within the time prescribed,the 4 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®