Chapter 7.03
EMERGENCY ABATEMENT
Sections:
7.03.010 Emergency abatement.
(1) Whenever the planning and zoning department director determines that an imminent life safety hazard exists in accordance with the International Building Code, International Residential Code and/or the International Fire Code that requires immediate correction or elimination, the director shall exercise the following powers without prior notice to the responsible person:
(a) Order the immediate vacation of any tenants, and prohibit occupancy until all repairs are completed;
(b) Post the premises as unsafe, substandard, or dangerous;
(c) Board, fence, or secure the building or site;
(d) Raze and grade that portion of the building or site to prevent further collapse, and remove any hazard to the general public;
(e) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or
(f) Take any other action appropriate to eliminate the emergency.
(2) The director may, based on probable cause, enter property without a search warrant or court order to accomplish the above-listed acts. [Ord. 22-16 § 2 (Exh. A).]
7.03.020 Procedures.
(1) The director shall pursue only the minimum level of correction or abatement necessary to eliminate the immediacy of a hazard. Costs incurred by the city during the emergency abatement process shall be assessed and recovered against the responsible person.
(2) The director may also pursue any other administrative or judicial remedy to abate any remaining violations.
(3) After an emergency abatement, the city shall, within 10 days, serve a notice of itemized bill for costs to the responsible person for the abatement action taken. Such notice shall include a description of the imminent life safety hazard.
(4) A responsible person has the right to an administrative enforcement hearing concerning the itemized billing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided herein shall constitute a waiver to an administrative enforcement hearing and a waiver to the right of appeal. [Ord. 22-16 § 2 (Exh. A).]