§ 4701.11. Emergencies.

A.

Whenever the director finds that an emergency exists which requires immediate action to protect the public health and safety, he or she shall issue a written order to the owner reciting the existence of such an emergency and requiring that such action as he or she deems necessary be taken to meet the emergency.

B.

Such action as the director deems necessary to abate the emergency may include:

1.

The immediate vacating of a building, premises or real estate by all inhabitants with the condition that the building, premises or real estate not be reoccupied until the director determines that the emergency no longer exists.

2.

Action by the director using city or private contractor resources to abate the conditions causing the emergency. If in the opinion of the director such action includes demolition of the building or premises or appurtenances thereto because the building or premises or appurtenances thereto pose an imminent threat of collapse which has a high probability of causing injury or death to persons, the director shall immediately file a request for a temporary restraining order from the environmental division of the Franklin County Municipal Court seeking judicial approval to demolish the building or premises or appurtenances thereto. The director shall charge the costs of abatement as a lien against the building or premises or appurtenances thereto and/or may recover the costs against the owner in a civil action.

C.

The written order issued by the director shall be posted on the building, premises or real estate, to include vacant land, or appurtenances thereto, where the emergency is alleged to exist. Additionally the director shall make every reasonable effort to personally serve the owner with the order.

D.

Notwithstanding other provisions of this code, such order shall be effective immediately and shall be complied with immediately.

E.

The owner has the right to immediately appeal the emergency order to the environmental division of the Franklin County Municipal Court, but such appeal does not waive the owner's requirement to immediately comply with the order.

F.

If the owner appeals the emergency order, the burden is on the director to prove by clear and convincing evidence that an emergency existed which required immediate action on the part of the owner. The owner has not burden to prove there was not an emergency. If the environmental division of the Franklin County Municipal Court has issued to the director a temporary restraining order approving demolition, an owner's appeal will not stay the court's order.

(Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part).)