102A.16 Serious and Imminent Hazards – Emergency Orders.

102A.16 Serious and Imminent Hazards – Emergency Orders. Notwithstanding any other provisions of this chapter, whenever, in the judgment of the Building Official, it appears from an inspection or notice of violation that there exists in, on, or near any building, structure, property, or portion thereof, any condition constituting an imminent and substantial hazard to the life, health or safety of the occupants or other persons, or to such building, structure, or property requiring prompt action to correct said condition, the Building Official shall have the power to issue an order in writing detailing the serious and imminent hazard conditions and requiring:

1. That the building, structure, property, or portion thereof, be vacated and thereafter be kept vacant until the Building Official gives written permission that the same may be reoccupied, without giving the notice and holding the hearing prescribed in Sections 102A.4 through 102A.6, whenever, by reason of serious and imminent danger, prompt vacating of the premises, building, structure or property, or a portion thereof, appears necessary in the judgment of the Building Official;

2. That the building, structure, property, or a portion thereof, be barricaded, boarded up, or otherwise secured against entry, occupancy or use by all persons, except as permitted by said order;

3. That the building, structure, property, or a portion thereof, be demolished or that serious and imminent hazard conditions be repaired, altered, corrected or eliminated in accordance with the particulars set forth in the order.

The order shall contain time frames required for compliance with the order and shall set forth the street address of the building or structure and a description of the building, structure, or property sufficient for identification.

In such cases of serious and imminent hazard, the order may be issued by the Building Official without giving the notice and holding the hearing specified in Sections 102A.4 through 102A.6. A copy of said order shall be posted in a conspicuous place upon the building, structure, or property, a copy shall be served in the manner prescribed in Section 102A.4, and a copy shall be recorded in the Assessor-Recorder’s Office.

The Building Official shall have the further power under this section to cause or compel the work required under the order to be undertaken by such means as the Building Official may deem advisable if the owner and all other persons having an interest in the building, structure, or property have failed, for a period of not more than 48 hours after the posting and service of the order, to comply with the order.

Official shall have the further power under this section to cause or compel the work required under the order to be undertaken by such means as the Building Official may deem advisable if the owner and all other persons having an interest in the building, structure, or property have failed, for a period of not more than 48 hours after the posting and service of the order, to comply with the order.

Whenever the Building Official orders that repairs or alterations be made pursuant to this Section, the authority of the Building Official to repair or alter, or cause repairs or alterations to be made to comply with the order, shall be limited to repairs or alterations whose cost does not exceed 50 percent of the value, as defined by the Assessor, of the building, structure, property, or portion thereof.

102A.16.1 Continuing or Recurring Conditions Creating a Fire Hazard in a Residential Building of Three or More Dwelling Units; Authority of the Building Official. In addition to any other power or remedy available under this Code or other applicable laws, the Building Official may issue a Fire Life Safety Notice and Order pursuant to the provisions of this Section 102A.16.1 and Sections 102A.16.1.1 and 102A.16.1.2 that requires the owner of a residential building with three or more dwelling units to install, improve, or upgrade the building’s fire safety systems.

102A.16.1.1 Fire Life Safety Notice and Order. The Building Official may issue a Fire Life Safety Notice and Order in cases where the Building Official has determined that:

(a) notwithstanding the Department’s issuance of two or more NOVs and Administrative Orders under Sections 102A.4 and 102A.7 of this Code for violation of the fire safety requirements enforced by the Department of Building Inspection, a fire hazard (as defined in Section 102A.1) continues to exist or recurs after abatement in a residential building with three or more dwelling units; and

(b) while the cited code violations have not risen to the level of an imminent hazard that requires issuance of an emergency order under Section 102A.16, the violations are so extensive and of such a nature (including but not limited to conditions such as a nonworking fire alarm or sprinkler system, a nonworking or chronically blocked fire escape, or locked or chronically blocked exits or egress system) that the health and safety of the residents and/or the general public is substantially endangered; and

(c) the property owner either has failed to abate or mitigate the violations in a timely way in accordance with an Administrative Order issued pursuant to Section 102A.7 of this Code, or the violations recur after abatement.

102A.16.1.1.1 Legal Status of Previously Issued NOVs. A Fire Life Safety Notice and Order issued pursuant to Section 102A.16.1.1 is in lieu of a Notice of Municipal Code Violation (“NOV”) and an Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of this Code. However, such an Order does not replace any NOVs that have previously been issued and remain unabated. Any previously-issued NOVs shall require abatement pursuant to their terms.

A Fire Life Safety Notice and Order issued pursuant to Section 102A.16.1.1 is in lieu of a Notice of Municipal Code Violation (“NOV”) and an Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of this Code. However, such an Order does not replace any NOVs that have previously been issued and remain unabated. Any previously-issued NOVs shall require abatement pursuant to their terms.

102A.16.1.1.2 Required Provisions of a Fire Life Safety Notice and Order. The Fire Life Safety Notice and Order issued pursuant to Section 102A.16.1.1 shall require the building owner to do one or more of the following:

(a) install a new fire sprinkler system;

(b) improve an existing fire sprinkler system or upgrade it to current code requirements;

(c) install a new fire alarm and/or detection system;

(d) improve an existing fire alarm and/or detection system or upgrade it to current code requirements.

Prior to ordering any such installation, improvement, or upgrade, the Building Official shall provide the notice required by Section 102A.16.1.1.3 below and consult with the local fire code official. The local fire official shall approve any installation, improvement, or upgrade ordered by the Building Official.

102A.16.1.1.3 Warning Statements and Letter Prior to Issuance of Fire Life Safety Notice and Order. Each NOV or Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of this Code that includes a fire safety violation shall provide information about Section 102A.16.1 et seq. and the consequences for not abating fire safety violations within the specified compliance period. In addition, prior to issuance of a Fire Life Safety Notice and Order, the Building Official shall send a letter by regular and certified mail to the building owner at the address listed with the AssessorRecorder’s Office and to the persons or entities listed in Section 102A.16.1.2(b) below informing them that because the building has been cited with two or more fire-safety related NOVs and Administrative Orders under Sections 102A.4 and 102A.7 of this Code, the owner is a potential recipient of a Fire Life Safety Notice and Order.

102A.16.1.2 Notice and Hearing Procedures. All the notice and hearing procedures set forth in Sections 102A.4 through 102A.7 shall apply to a Fire Life Safety Notice and Order, except as that procedure may be modified below.

(a) The Fire Life Safety Notice and Order shall:

(1) be signed by the Building Official;

(2) set forth the street address of the building and a description of the building or property sufficient for identification;

(3) identify each code violation that the Building Official has determined is a fire hazard substantially endangering the health and safety of the residents and/or the general public;

(4) specify the fire safety installation, improvement, and/or upgrades required; and

(5) contain time frames required for compliance with the Notice and Order.

(b) The Building Official shall serve the Fire Life Safety Notice and Order by certified mail on the building owner(s) at the address listed with the Assessor-Recorder’s Office, and shall send a copy by certified mail to:

(1) the person, if any, in real or apparent charge and control of the premises involved;

(2) the holder of any mortgage, deed of trust, lien, or encumbrance of record; and

(3) the owner or holder of any other estate or interest in the building or property, or the land on which it is located.

(c) The Building Official shall post a copy of the Fire Life Safety Notice and Order in a conspicuous place on the subject property and either mail or deliver a copy to the resident(s) of each unit on the subject property.

(d) Unless the building owner demonstrates to the Building Official’s satisfaction that the owner has made substantial progress in complying with the Fire Life Safety Notice and Order, if the building owner has not complied with said Notice and Order according to the required time frames the Building Official shall schedule an Administrative Hearing to be held no later than 14 days after the compliance deadline.

(e) If an Administrative Hearing is held, a designee of the Building Official shall attend the hearing, which shall be conducted by a designated Hearing Officer. A written decision signed by the Building Official shall be issued no later than 30 days after the hearing.

102A.16.1.3 Appeals. A Fire Life Safety Notice and Order may be appealed to the Abatement Appeals Board pursuant to the provisions of Section 105A.2 of this Code; provided, however, that

(a) an appeal of a Fire Life Safety Notice and Order shall be scheduled for hearing within 14 days after the date of filing the appeal, and

(b) if the Abatement Appeals Board had heard an appeal of any previously-issued Order of Abatement pursuant to Section 102A for substantially the same code violations as are cited in the Fire Life Safety Notice and Order, and the Abatement Appeals Board had upheld the Order of Abatement in whole or substantial part, the decision of the Abatement Appeals Board shall be effective immediately upon issuance of the Board’s findings and decision with no right to request rehearing.

102A.16.1.4 Recording of final Notice and Order; referral to City Attorney. Upon issuance of the Abatement Appeals Board decision, a copy of the final Fire Life Safety Notice and Order shall be recorded in the Assessor-Recorder’s Office. The Department shall refer the case to the City Attorney for its review and possible action within 90 days after recording said Notice and Order.