Sec. 420.111. - Emergencies.

(a) Notwithstanding any other requirements of this Chapter, when, in the opinion of the Chief, Fire Prevention Division, an emergency exists which requires immediate action to protect the health, safety or general welfare of the public or occupants of a property, the Chief shall take that action which he or she deems appropriate to abate the conditions which threaten the health, safety or general welfare of the public or occupants. The Chief, Fire Prevention Division may order repairs to be made, the occupants to vacate the property immediately or cessation of all or part of the business operations at the property, as the case may be. For purposes of this Section, the circumstances supporting the determination that an immediate threat exists to the life and safety of the occupants and/or the public are those, in the opinion of the Chief, Fire Prevention Division, which would justify the entry of an emergency ex parte injunction, without notice, in a Circuit Court proceeding for abatement of a public nuisance. The exercise of this authority is not intended to be routine, but shall be reserved for those instances in which advance notice is impractical and the threat to public safety constitutes a true emergency. Electrical service shall not be terminated except in those instances where the electrical service itself presents an imminent danger to public safety or where the risk of spark or explosion is present. The mere existence of a code violation for a failure to secure permits shall not justify an order to vacate under this subsection. In those circumstances, the Chief, Fire Prevention Division may initiate any enforcement process authorized by law to correct any such violation. (b) Whenever the Chief, Fire Prevention Division finds that a property constitutes an imminent threat to the life and safety of the occupants or the public, and deems it appropriate to declare that an emergency exists, he/she shall be authorized to enter the premises and take whatever action is appropriate to correct the condition. In such event, the Chief, Fire Prevention Division, including his/her delegates, shall be authorized to enter the premises, with or without notice or permission of the occupant or owner. Involuntary access without notice or permission, as provided in this subparagraph, shall only be permitted in exigent circumstances where the threat to public safety is so immediate and severe that delay poses a threat to the public safety. In all other circumstances, the Chief, Fire Prevention Division shall secure the permission of the occupant or owner or the owner's representative, such as a property or business manager, or shall secure a warrant authorizing entry. (c) In all cases in which the Chief, Fire Prevention Division has ordered all occupants removed from the building, structure or premises, electrical service to the unsafe or hazardous condition(s) terminated, and/or further occupancy or operation of the property contingent on correction of the unsafe or hazardous condition(s) or code violation(s), the Chief, Fire Prevention Division shall give written notice to the property owner and the occupants of the Chief's actions within two business days of the issuance of the order (excluding Sundays and legal holidays). The notice shall include the following: (1) The street address, if any, and a legal description of the property; (2) A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition; (3) A statement of the particular defects, code violations or circumstances which justified the immediate action to protect the health and safety of the public or occupants of the property; (4) A determination of whether the property is so hazardous so as to prohibit anyone from being physically present inside; (5) That the property owner or operator shall have an opportunity to require the Chief to demonstrate that his/her actions to abate the unsafe or hazardous condition(s) or code violation(s) were reasonable and warranted by making a written request for such a hearing within 15 days of the determination to the Special Master; and (6) A statement that further operation of any unsafe property or physical presence in any unsafe building or structure, whichever the case may be, may result in arrest and criminal prosecution. The notice required by this Section shall be mailed by certified or express mail or hand delivered to each owner, lessee and occupant of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll. (d) Pursuant to this Section, the property owner or operator shall have an opportunity to request a hearing before the Special Magistrate to require the Chief, Fire Prevention Division to demonstrate that his/her actions to abate the unsafe or hazardous condition(s) or code violation(s) were reasonable and warranted by making a written request for such a show cause hearing within 15 days of the determination. The hearing will be held at the next regularly scheduled Special Magistrate hearing, unless the next hearing is less than 48 hours after the determination is made. If a petitioner requests a hearing under this Section, the filing of that request shall automatically stay the effect of the vacate/cease and desist order and/or order terminating electrical service and the parties shall be restored to the status quo ante the issuance of the Chief's Order, unless the Chief, Fire Prevention Division certifies in writing, under oath that, by reason of facts stated in the certificate, a stay would cause an imminent threat to life or safety. In the case of a certificate filed according to the previous sentence, the stay shall be terminated, the order to vacate/cease and desist and/or order to terminate electrical service shall remain in effect, and the parties shall not be restored to the status quo ante. A copy of the Chief's certificate shall be provided to the appealing party by mail on the same day that it is filed with the Special Master. At the show cause hearing, the City shall bear the initial burden of proving that an imminent peril to life and safety justifies the order to vacate/cease and desist and/or order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. The property owner or operator shall have an opportunity to present evidence to rebut the Chief. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed. After hearing evidence, the Special Master may quash the Chief, Fire Prevention Division's order(s); may continue the order(s) in effect; and/or may refer the matter for proceedings under Chapter 162 , including the imposition of fines. The Special Master shall issue his ruling on the same day that the hearing is held. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail. The Special Master's order may be appealed to the Building Codes Adjustment Board pursuant to Chapter 56 by filing a notice of appeal to the Building Codes Adjustment Board secretary within 10 days of the Special Master's decision. (e) Nothing herein shall prevent the City from pursuing condemnation, abatement of a public nuisance, or any other administrative or judicial remedies that may be available to remedy any code violations or threats to public safety. (Ord. 2014-701-E, § 2)