Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.190

Section 109 of the International Property Maintenance Code is amended to read as follows:

SECTION 109 - EMERGENCY MEASURES

109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of hazardous fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. The code official may request assistance from such other agencies of the City as may be reasonably necessary to empty the premises or building.

109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

109.4 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. The cost of such repairs are chargeable to the property and shall be a lien upon such real estate.

109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. The city attorney shall institute appropriate action against the owner of the premises for the recovery of such costs. Such costs may also be assessed as a lien against the property as allowed in Section 110.5 or as allowed by law.

109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Housing Advisory and Appeals Board, be afforded a hearing as described in this code. (Ord. 19349 §19; March 1, 2009).