Sec. 518.151. - Emergencies.

(a) Notwithstanding any other requirements of this Chapter, when, in the opinion of the Chief, 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 deems appropriate to abate the conditions which threaten the health, safety or general welfare of the public or occupants. The action may require the purchase of materials and labor adequate to render the property temporarily safe. When temporary measures are inadequate, the property may be demolished provided notice procedures prescribed in this Section have been instituted. In these cases, the Chief may order repairs to be made and the occupants to vacate the property immediately, as the case may be. For purposes of this subsection, the circumstances supporting the determination that an immediate threat exists to the life and safety of the occupants and/or the public are those 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 may initiate any enforcement process authorized by law to correct any such violation. (b) Whenever the Chief finds that a property constitutes an imminent threat to the life and safety of the occupants or 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 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 shall secure the permission of the occupant or owner or shall secure a warrant authorizing entry. (c) In all cases in which the Chief has ordered all occupants removed from the building, structure or premises, utility service to the unsafe or hazardous condition(s) terminated, and/or further occupancy contingent on correction of the unsafe or hazardous condition(s) or code violation(s), the Chief shall give written notice to the property owner and the occupants of the Chief's actions within two (2) 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; and (4) That the property owner shall have an opportunity to contest the Chief's actions to abate the unsafe or hazardous condition(s) or code violation(s), upon appeal of such determination within 5 days to the Special Master. 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) In cases where Chief determines that (1) the City must undertake immediate corrective action to prevent loss of life or property; or (2) the City intends to demolish the dangerous building or structure or portions thereof, the property owner shall be provided notice within two (2) business days (excluding Sundays and legal holidays) regarding such work, and the fixing of the lien therefore by the notice methods specified herein, however, this notice shall not be cause for delaying City work to abate any extreme and imminent public safety hazard. Whether or not the notice is sent prior, during, or after the City work, 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 thereof that has been repaired or destroyed; (3) A statement of the particulars in which the building or structure or portion thereof required the immediate action to protect the health, safety or general welfare of the public or occupants of the property; (4) That any repairs or demolition performed by the City shall cause a special assessment and lien to be placed for the total costs thereof and administrative fee; (5) That the City, notwithstanding the above, reserves the right to proceed with an action foreclosing the lien placed against the property, to hold the owner of the property personally liable for the cost of repairing the offending condition or destroying the building or structure, or placing the lien on the tax rolls for collections purposes; (6) That the property owner shall have an opportunity to contest the determination to do the emergency work and the charges therefor, upon appeal of such determination within 5 days to the Special Master. (e) The notice required by this Section shall be mailed by certified or express mail to each owner, lessee, occupant and mortgagee 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. When the City work includes demolition of structure(s), the notice shall also include mortgage and any lienholders. (f) If a petitioner requests a hearing under this Section, the filing of that request shall automatically stay the effect of the vacate 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 who entered the Order 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/order to terminate utilities 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. (1) In the event that the Chief has filed a certificate stating that an immediate threat to life or safety exists, a hearing will be scheduled within two (2) business days before the Special Master. The hearing may not be continued unless the appealing party consents to the continuance. The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / 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. 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 order to vacate and/or order to terminate electrical power; 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. (2) In those circumstances where the Chief has not filed a sworn certificate justifying the lifting of the automatic stay, a hearing shall be scheduled before the Special Master at the next available Special Master hearing. The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / 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. 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 at the hearing, the Special Master may quash the order to vacate and/or order to terminate electrical power; may continue the order(s) in effect; and may refer the matter for proceedings under Chapter 162 , including the imposition of fines. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail. (g) Nothing herein shall prevent the City from referring any violation of the City's codes to the Special Master sitting as the Code Enforcement Board for proceedings under Chapter 162 of the Florida Statutes or any other enforcement mechanism available by law. In addition, 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. 96-458-297, § 1; Ord. 2010-329-E, § 2)