Orland Municipal Code Ch. 14.03 Summary Abatement— Immediately Dangerous Conditions

Notwithstanding any provisions of this title to the contrary, the procedures for the abatement of an immediately dangerous condition, as defined, shall be regulated by the provisions of this chapter.

(Ord. 2005-01 (part))

The health officer, fire chief, building official and the city manager and their respective designees are each authorized to administer and enforce all provisions of this chapter including, but not limited, to the classification of immediately dangerous conditions for the purpose of abating those conditions which exist as the result of a violation of those ordinances for which their respective departments have primary enforcement responsibility.

(Ord. 2005-01 (part))

For the purpose of this chapter, an "immediately dangerous condition" shall be defined as a condition on any premises or property which, in the opinion of the health officer, the fire chief, the building official or the city manager, is of such a nature as to be imminently dangerous to the health, safety or welfare of the public, which if abated according to the procedures of this code, would, during the pendency of such proceedings, subject the public to potential harm of a serious nature.

(Ord. 2005-01 (part))

A. Whenever the health officer, the fire chief, or the building official has inspected or caused to be inspected any premises or property and has found and determined that there exists on such premises or property an immediately dangerous condition as defined in Section 14.03.030 of this chapter, the same may be summarily abated and removed by the city without compliance with the provisions of this code prior to such abatement.

B. The health officer, the fire chief, the building official, or the city manager may abate the immediately dangerous condition in any reasonable manner which he/she determines will eliminate the immediate threat to the health, safety or welfare of the public. Reasonable means to abate the immediately dangerous condition include, but are not limited to, demolition, repairing, boarding to city specifications, securing the perimeter of the property with fencing, gates or barricades, vacating, and removal of junk and debris.

C. No action shall be taken to summarily abate an immediately dangerous condition without prior approval of the city attorney or his/her authorized representative.

(Ord. 2005-01 (part))

The cost of abatement including all reasonable administrative and engineering costs incurred by the city as a result of any action taken pursuant to this chapter may be assessed as a lien against the premises or property upon which the immediately dangerous condition was located and may be made a personal obligation of the property owner. The recovery of such costs shall be governed by the procedures provided in Chapter 14.05 of this title.

(Ord. 2005-01 (part))