§ 26-242. Emergency procedure.

(a)

In any emergency where life, health, property or public safety is in imminent danger, the code official may take any necessary action(s) to protect the endangered life, health, property or public safety without complying with the notice and hearing provisions of Chapter 6, Article II, of the Code of the City of New Orleans and of this Code.

(b)

An imminent danger to life, health, property or public safety exists whenever there is a substantial likelihood that loss of life, health, property or public safety will occur prior to fully complying with the notice and hearing provisions provided in Chapter 6, Article II, of the Code of the City of New Orleans and of this Code.

(c)

If a determination is made that an emergency exists, when practical, the code official shall immediately cause a notice of such determination to be posted conspicuously on the structure or at the entrance of the premises. The notice shall state the emergency that exists, that imminent action(s) may be taken to ameliorate the dangerous or unsafe condition(s) that created the emergency, and that these actions will be taken without further notice or a hearing. The notice shall include the name and contact information of the code official.

(d)

In all emergencies the code official must cause the dangerous or unsafe condition(s) that created the emergency to be photographed before any work or operation is begun to eliminate the dangerous or unsafe condition.

(e)

Any determination that an emergency demolition is necessary to protect endangered life, health, property or public safety, shall be made by the director of the department of safety and permits.

(f)

Upon any determination that a health emergency exists that may cause the introduction, spread or transfer of any infectious or communicable disease, or that implicates any noxious element that is physically harmful to the health of individual(s), the director of the department of health shall be notified.

(g)

When necessary for the public safety, the code official may temporarily close adjacent structures in conjunction with the director of public works, and close adjacent sidewalks, streets, and other public ways and prohibit them from being used.

(h)

Any pool that fails to comply with the fencing and filtration requirements provided in sections 26-166 and 26-448, shall be deemed to be an emergency to the health, safety and welfare of the public, permitting immediate remediation of the pool to prevent injury. Any authorized city enforcement entity has the authority to cause improperly secured and stagnant pools to be immediately filled. The city, or persons acting under its authority may, at any reasonable time, enter upon the premises or lot to immediately fill-in any pool found to be in noncompliance with these requirements.

(i)

Liability for expenses incurred in the course of performing emergency work and the procedure for collecting resultant debts and liens are as provided in Chapter 6, Article II, of the Code of the City of New Orleans.

(M.C.S., Ord. No. 25454, § 1, 8-22-13, eff. 9-1-13; M.C.S., Ord. No. 27901, § 1, 10-18-18)