Section 6-10 Unsafe Structures And Equipment

§ 6-10.1 Conditions.

Structures or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the code official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. (Ordinance 562 effective November 8th 2009)

§ 6-10.1.1 Vacating Structures.

When, in the opinion of the code official, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the code official is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. The code official shall cause to be posted at each entrance to such building a notice reading as follows:"This Structure is Unsafe and its Use or Occupancy has been Prohibited by the Code official." It shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same. (Ordinance 562 effective November 8th 2009)

§ 6-10.1.2 Temporary Safeguards.

When, in the opinion of the code official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the code official shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted. (Ordinance 562 effective November 8th 2009)

§ 6-10.1.3 Closing Streets.

When necessary for the public safety, the code official shall temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe structures, and prohibit the same from being used. (Ordinance 562 effective November 8th 2009)

§ 6-10.2 Authority to Disconnect Service Utilities.

The code official shall have the authority to authorize and/or cause disconnection of utility service to the building, structure or system regulated by these codes and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required. The code official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. (Ordinance 562 effective November 8th 2009)

§ 6-10.2.1 Temporary Connection.

The code official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. (Ordinance 562 effective November 8th 2009)

§ 6-10.3 Record.

The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. (Ordinance 562 effective November 8th 2009)

§ 6-10.4 Notice.

If an unsafe condition is found, the code official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order. The posting of written notice on the property shall constitute notice to the owner, agent, or person in control of the structure. (Ordinance 562 effective November 8th 2009)

§ 6-10.5 Method of Service.

Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered and other methods for delivering notice to the owner have been unsuccessful, a copy of the notice shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner. (Ordinance 562 effective November 8th 2009)

§ 6-10.6 Restoration.

A building or structure condemned by the code official is permitted to be restored to a safe condition provided that change of use or occupancy is not contemplated nor compelled by reason of such reconstruction or restoration; except that if the damage or cost of reconstruction or restoration is in excess of 50 percent of its replacement value, exclusive of foundations, such structure shall be made to comply in all respects with the requirements for materials and methods of construction of structures hereafter erected. (Ordinance 562 effective November 8th 2009)

§ 6-10.7 Emergency Repairs.

For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (Ordinance 562 effective November 8th 2009)

§ 6-10.8 Costs of Emergency Repairs.

Costs incurred in the performance of emergency work shall be paid from the treasury of the Town of Easton on certificate of the code official. The legal counsel of the Town of Easton shall institute appropriate action against the owner of the premises where the unsafe building or structure is or was located for the recovery of such costs. (Ordinance 562 effective November 8th 2009)