When a structure or equipment is found by the Code Enforcement Officer or a third-party agency/inspector to be an unsafe building or equipment, such officer or agency/inspector shall exercise his/her powers in due and proper manner so as to extend to the public protection from the hazards of threat to human life, safety, or health.
Disconnect utilities. The Code Enforcement Officer or his or her authorized representative shall have the authority to disconnect a utility service or energy supplied to a structure or equipment where conditions of imminent danger are present.
Vacate premises. The Code Enforcement Officer or his or her authorized representative is authorized to order and require the occupants to vacate premises where conditions of imminent danger are present.
Whenever the Code Enforcement Officer has condemned unsafe buildings or equipment under the provisions of this chapter, a written notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner in accordance with the applicable provisions for a notice of violation as prescribed in this chapter. If the notice pertains to equipment, it shall be placed on the condemned equipment.
Due process. The Code Enforcement Officer shall take appropriate action to protect owners, occupants, and the public at large from unsafe buildings or equipment. It is important to bear in mind that the right of an owner or tenant to occupy a building he or she owns or rents is a constitutionally protected property right that cannot be taken away without due process of law. For this reason, such notice shall include:
Notice of the Code Enforcement Officer's intention to put a "DO NOT OCCUPY AND/OR USE" notice on the structure or equipment; and
Notice of the Code Enforcement Officer's reasons for condemning unsafe buildings or equipment, which shall include citations to the specific sections of the Uniform Code determined to be violated; and
Notice of the right of the owner and/or occupant to appeal the determination of the Code Enforcement Officer; and
Notice that the owner and/or occupant has 30 calendar days to submit an application to appeal the determination of the Code Enforcement Officer, which such application shall be furnished by the Code Enforcement Officer for that purpose.
Imminent danger. In cases of imminent danger, posting, placarding, and condemning unsafe buildings or equipment shall be permitted to the extent consistent with applicable constitutional provisions provided that the affected persons and entities are afforded the opportunity for a post action hearing to the extent required by applicable constitutional provisions.
Upon failure of the owner, owner's agent or person responsible to comply with the notice provisions within the time given, the Code Enforcement Officer shall post on the unsafe building or equipment a placard bearing the words "DO NOT OCCUPY AND/OR USE" and a statement of the penalties provided for occupying the structure, operating the equipment or tampering with the placard.
Unauthorized tampering. A placard posted or affixed by the Code Enforcement Officer shall not be mutilated, destroyed or tampered with, or removed, without authorization from such officer.
The owner of unsafe buildings or equipment shall abate or cause to be abated or corrected such unsafe and/or unlawful conditions either by repair, rehabilitation, demolition or other approved corrective action.
Temporary safeguards. Notwithstanding other provisions of law, whenever, in the opinion of the Code Enforcement Officer, there is imminent danger due to an unsafe condition, the Town Board may order the necessary work to be done, including but not limited to the boarding up of openings and/or the disconnection of a utility service(s), to render such structure temporarily safe whether or not the legal procedure prescribed in the Unsafe Buildings Law of the Town has been instituted; and shall cause such other action to be taken as deemed necessary to meet such emergency.
Closing streets. When necessary for public safety, the Town Board may temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe buildings or equipment that have become dangerous to the public, and prohibit the same from being utilized.
Costs of emergency work. The Town Attorney shall institute appropriate action against the owner where the unsafe building or equipment is or was located for the recovery costs incurred by the Town in the performance of emergency work (e.g., temporary safeguards) at such buildings or equipment deemed dangerous to the public.
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Town Board, be afforded a hearing as described in the Unsafe Buildings Law of the Town.