Sec. 5-41. - Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery of costs.

(a)

Whenever any violation of this article which in the opinion of the chief of the department or his designate causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling place of four or more units or of the public has not been corrected in the time specified by the immediate compliance order, he may, subject to the provisions of section 5-39, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril, provided that the cost of the repairs and action will not exceed 50 percent of the fair market value of the structure to be repaired.

(b)

Notice of the intention to make repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to section 5-33. Every owner, operator, or agent of a nonresidential structure or dwelling place of four or more units, who has received notice of the intention of the chief of the department or his designate to make repairs or take other corrective action, shall give entry and free access to the agent of the chief of the department or his designate for the purpose of making repairs.

(c)

Any owner, operator, agent, or occupant of a nonresidential structure or dwelling place of four or more units, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant to a notice of intention to make repairs or take other constructive action, shall be subject to a civil penalty of $25.00 for each failure to comply with this section.

(d)

When certified by the chief of the department or his designate, the costs incurred in the execution of the immediate compliance order shall be paid out of the city treasury from funds made available for such purposes to the chief of the department or his designate.

(e)

The owner, operator or occupant of the nonresidential structure or dwelling place of four or more units who is responsible for the immediate compliance shall be served a notice stating the amount of the expenses incurred by the chief of the department or his designate in executing the immediate compliance order. Such notice shall be served in the manner provided in section 5-33.

(f)

Such expenses shall be paid for by the responsible person on whom the notice is served, and unless the expenses are paid within 30 days after such notice is served, the chief of the department or his designate shall certify the expenses to the city solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with ten percent service charge in the addition thereto.

(Rev. Ords. 1987, § 5-18)