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ADMINISTRATION
<br />108.1.2 Unsafe equipment. Unsafe equipment includes
<br />any boiler, heating equipment, elevator, moving stairway,
<br />electrical wiring or device, flammable liquid containers or
<br />other equipment on the premises or within the structure
<br />which is in such disrepair or condition that such equipment
<br />is a hazard to life, health, property or safety of the public or
<br />occupants of the premises or structure.
<br />108.13 Structure unfit for human occupancy. A structure
<br />is unfit for human occupancy whenever the code official
<br />finds that such structure is unsafe, unlawful or, because of
<br />the degree to which the structure is in disrepair or lacks
<br />maintenance, is insanitary, vermin or rat infested, contains
<br />filth and contamination, or lacks ventilation, illumination,
<br />sanitary or heating facilities or other essential equipment re-
<br />quired by this code, or because the location of the structure
<br />constitutes a hazard to the occupants of the structure or to
<br />the public.
<br />108.1.4 Unlawful structure. An unlawful structure is one
<br />found in whole or in part to be occupied by more persons
<br />than permitted under this code, or was erected, altered or oc-
<br />cupied- contrary to law.
<br />108.2 Closing of vacant structures. If the structure is vacant
<br />and unfit for human habitation and occupancy, and is not in
<br />danger of structural collapse, the code official is authorized to
<br />post aplacard of condemnation on the premises and order the
<br />structure closed up so as not to be an attractive nuisance. Upon
<br />failure of the owner to close up the premises within the time
<br />specified in the order, the code official shall cause the premises
<br />to be closed arid secured through any available public agency or
<br />by contract or arrangement by private persons and the cost
<br />thereof shall be charged against the real estate upon which the
<br />structure is located and shall be a lien upon such real estate and
<br />may be collected by any other legal resource.
<br />108.3 Notice. Whenever the code official has condemned a
<br />structure or equipment under the provisions of this section, no-
<br />tice shall be posted in a conspicuous place in or about the struc-
<br />ture affected by such notice and served on the owner or the
<br />person or persons responsible for the structure or equipment in
<br />accordance with Section 107.3. If the notice pertains to equip-
<br />ment, it shall also be placed on the condemned equipment. The
<br />notice shall be in the form prescribed in Section 107.2.
<br />108A Placarding. Upon failure of the owner or person respon-
<br />sible to comply with the notice provisions within the time
<br />given, the code official shall post on the premises or on defec-
<br />tive equipment a placard bearing the word "Condemned' ' and a
<br />statement of the penalties provided for occupying the premises,
<br />operating the equipment or removing the placard.
<br />1084.1 Placard removal. The code official shall remove
<br />the condemnation placard whenever the defect or defects
<br />upon which the condemnation and placarding action were
<br />based have been eliminated. Any person who defaces or re-
<br />moves a condemnation placard without the approval of the
<br />code official shall be subject to the penalties provided by
<br />this code.
<br />1 108.5 Prohibited occupancy. Any occupied structure con-
<br />demned and placarded by the code official shall be vacated as
<br />ordered by the code official. Any person who shall occupy a
<br />placarded premises or shall operate placarded equipment, and
<br />any owner or any person responsible for the premises who shall
<br />let anyone occupy a placarded premises or operate placarded
<br />equipment shall be liable for the penalties provided by this
<br />code.
<br />SECTION 109
<br />EMERGENCY MEASURES
<br />109.1 Imminent danger. When, in the opinion of the code offi-
<br />cial, there is imminent danger of failure or collapse of a build-
<br />ing or structure which endangers life, or when any structure or
<br />part of a structure has fallen and life is endangered by the occu-
<br />pation of the structure, or when there is actual or potential dan-
<br />ger to the building occupants or those in the proximity of any
<br />structure because of explosives, explosive fumes or vapors or
<br />the presence of toxic fumes, gases or materials, or operationof
<br />defective or dangerous equipment, the code official is hereby
<br />authorized and empowered to order and require the occupants
<br />to vacate the premises forthwith. The code official shall cause
<br />to be posted at each entrance to such structure a notice reading
<br />as follows: "This Structure is Unsafe and Its Occupancy Has
<br />Been Prohibited by the Code Official,' It shall be unlawful for
<br />any person to enter such structure except for the purpose of se-
<br />curing the structure, making the required repairs, removing the
<br />hazardous condition or of demolishing the same.
<br />109.2 Temporary safeguards. Notwithstanding other provi-
<br />sions of this code, whenever, in the opinion of the code official,
<br />there is imminent danger due to an unsafe condition, the code
<br />official shall order the necessary work to be done, including the
<br />boarding up of openings, to render such structure temporarily
<br />safe whether or not the legal procedure herein described has
<br />been instituted; and shall cause such other action to be taken as
<br />the code official deems necessary to meet such emergency.
<br />109.3 Closing streets. When necessary for public safety, the
<br />code official shall temporarily close structures and close, or or-
<br />der the authority having jurisdiction to close, sidewalks, streets,
<br />public ways and places adjacent to unsafe structures, and pro-
<br />hibit the same from being utilized.
<br />109.4 Emergency repairs. For the purposes of this section, the
<br />code official shall employ the necessary labor and materials to
<br />perform the required work as expeditiously as possible.
<br />109.5 Costs of emergency repairs. Costs incurred in the per-
<br />formance of emergency work shall be paid by the jurisdiction.
<br />The legal counsel of the jurisdiction shall institute appropriate
<br />action against the owner of the premises where the unsafe
<br />structure is or was located for the recovery of such costs.
<br />109.6 Hearing. Any person ordered to take emergency mea-
<br />sures shall comply with such order forthwith. Any affected per-
<br />son shall thereafter, upon petition directed to the appeals board,
<br />be afforded a hearing as described in this code.
<br />SECTION 110
<br />DEMOLITION
<br />110.1 General. The code official shall order the owner of any
<br />premises upon which is located any structure, which in the code
<br />official's judgment is so old, dilapidated or has become so out
<br />2003 INTERNATIONAL PROPERTY MAINTENANCE CODED
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