8.14.380 - Emergency abatement.

A.

Whenever the city determines that an imminent life safety hazard exists that requires immediate correction or elimination, the city shall exercise the following powers without prior notice to the responsible person:

1.

Order the immediate vacation of any tenants, and prohibit occupancy until all repairs are completed;

2.

Post the premises as unsafe, substandard, or dangerous;

3.

Board, fence, or secure the building or site;

4.

Raze and grade that necessary portions of the building or site to prevent further hazard to the general public;

5.

Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6.

Take any other action appropriate to eliminate the emergency.

B.

Enforcement officials may, based on exigent circumstances, enter property without a search warrant or administrative order to accomplish the above listed acts.

C.

The city shall pursue only the correction or abatement necessary to eliminate the immediacy of a public health hazard or imminent life safety hazard. Costs incurred by the city during the emergency abatement process shall be calculated and an itemized statement of costs shall be prepared. Further correction needed to bring the violation into compliance shall follow the notice of violation and summons procedures set forth in this chapter.

D.

The Director of Urban Livability or the director's designee may also pursue any other administrative or judicial remedy to abate any remaining violations.

E.

After an emergency abatement, the city shall, within ten (10) days, serve the itemized statement of costs in the manner prescribed in Section 8.14.120 of this chapter. Such notice shall include a description of the imminent public health or life safety hazard warranting the emergency abatement.

F.

A responsible person has the right to contest the need for the emergency abatement and/or the reasonableness of the itemized statement of costs at an administrative hearing. A request for such hearing shall be filed within ten (10) days from the date of service of the notice of itemized statement of costs in accordance with Section 2.22.040 of this Code. Failure to request an administrative hearing shall constitute a waiver to an administrative hearing and waiver of the right to appeal.

(Ord. No. 2020-06, § VI, 6-3-2020)