Sec. 518.462. - Structures unfit for human occupancy.

When the Chief finds that a property constitutes a hazard to the health, safety or general welfare of the occupants or the public and fails to comply with the minimum provisions of this Chapter but has not yet reached such a state of complete disrepair as to be condemned as an unsafe building or structure under this Chapter, he may declare the property as unfit for human occupancy and order it to be vacated. When such a determination occurs and the Chief has received notice or makes a determination that any building, structure, premises, electrical, gas, mechanical or plumbing system presents an imminent and serious threat to the life and safety of the occupants, the Chief shall immediately make diligent efforts to contact the occupants and the owner of the property through reasonable means (which may include telephone or personal notification) in an effort to correct the threat to public safety. However, nothing herein shall prevent the Chief from inspecting any condition to verify proper corrective actions have been taken, nor does it relieve a property owner or other individual from obtaining any permits or other approvals necessary to do corrective work. In exigent circumstances, where advance notice is impractical, and the threat to public safety is so immediate and severe that delay poses a threat to the public safety, the Chief may order 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). 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, or to prevent further occupancy of any unsafe residential structure. 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. 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, the Chief shall give written notice to the property owner or the occupants of the Chief's actions within two (2) business days of the issuance of the order (excluding Sundays and legal holidays), which notice shall include all of the information required by Section 518.151 . (Ord. 96-458-297, § 1; Ord. 2010-329-E, § 3)