Section 120. Condemnation Proceedings
120.1 In general.
If any land, structure, or equipment becomes unsafe or dangerous to public health or safety, the Building Official may condemn the land, structure, or equipment as provided in this § 120 and issue a condemnation notice as provided in § 123 {"Notices"} of this Code. The issuance of a violation notice is not a prerequisite for the condemnation of real property.
120.2 Posting notice.
If the Building Official condemns any land, structure, or equipment, the Building Official must cause a notice to be conspicuously displayed on the condemned land, structure, or equipment.
120.2.1 Contents.
The notice must:
1. be at least 24 inches wide 8 inches high,
2. be signed by the Building Official, and
3. advise the public that:
a. the particular land, structure, or equipment has been condemned as being unsafe or dangerous for occupancy or use, and
b. the public is warned to keep away.
120.2.2 Emergencies.
In case of an emergency where life or property may be in immediate danger, the Building Official need not post the property and may proceed in accordance with § 117 {"Emergency and Corrective Measures"} of this Code.
120.3 Vacating condemned property.
A notice posted under § 120.2 is deemed to be sufficient warning to all occupants of the condemned property to leave immediately. If any occupant fails to vacate the property immediately after the notice is posted, the Building Official may take whatever action is proper and expedient to remove that occupant.
120.4 Receiver of condemned property.
After a property is condemned, the Building Official may:
1. take any action authorized under § 120.7, or
2. in accordance with § 121 {"Vacant Building Receiver"} of this Code, apply to court for the appointment of a receiver.
120.5 Status of condemned property.
After property has been condemned and posted in accordance with this § 120, that property remains condemned and may not be occupied or used again until the Building Official declares the property safe for occupancy or use and has removed the condemnation.
120.6 Order to demolish.
If, in the Building Official's opinion, a structure is so dangerously unsound or so deteriorated that rehabilitation is not feasible, the condemnation notice may order the owner to demolish the structure immediately.
120.7 Removal of unsafe conditions.
Anytime after property has been posted in accordance with this § 120, the Building Official may demolish, move, alter, repair, rehabilitate, rebuild, reconstruct, or take any other appropriate action to eliminate or make safe and secure any dangerous or unsafe condition. Before doing so, however, the Building Official must provide the notice required by § 105.9 {"Special requirements for demolition or moving"} of this Code.
120.8 Condemnation of electrical work.
If any electrical wiring or equipment that has been the subject of a condemnation notice is not made safe within the time required by the condemnation notice, the wiring or equipment must be put out of service by cutting off all electric current to it and by sealing all switches that operate in connection with the wiring or equipment.
120.8.1 Emergency action.
In case of an emergency where life or property is in immediate danger, the Building Official may order all electric current serving the wiring or equipment to be cut off and all switches that control the wiring or equipment to be sealed. The Building Official's orders must be complied with immediately, regardless of any other provisions of this Code that might apply.
120.8.2 Permission needed to reactivate.
Whenever electric current has been cut off or switches have been sealed under this § 120.8, the electric current may not be cut in and the seals may not be broken, except by an authorized agent of the Building Official, after all requirements of the Building Official have been complied with and the Building Official has issued a certificate of approval.
120.9 Condemnation of mechanical work.
If any mechanical equipment that has been the subject of a condemnation notice is not made safe within the time required by the condemnation notice, the mechanical equipment must be put out of service and sealed.
120.9.1 Emergency action.
In case of an emergency where life or property is in immediate danger, the Building Official may order the mechanical equipment to be put out of service and sealed. The orders of the Building Official must be complied with immediately, regardless of any other provisions of this Code that might apply.
120.9.2 Permission needed to reactivate.
Whenever mechanical equipment has been put out of service and sealed under this § 120.9, the mechanical equipment may not be put back in service and the seals may not be broken, except by an authorized agent of the Building Official, after all requirements of the Building Official have been complied with and the Building Official has issued a certificate of approval.