(1) If any building or other structure is especially liable to fire for reasons including
but not limited to lack of proper repair, age, dilapidated condition, defective or
poorly installed wiring and equipment, defective chimneys, defective gas connections,
defective heating apparatus, or the existence of any combustible materials, flammable
conditions, or other fire hazards and is dangerous to the safety of the building premises
or to the public or is situated in a way that endangers other buildings and property
in the vicinity, the state fire prevention and investigation section of the department
of justice or other person identified in 50-62-101 may declare the building or other structure to be a public nuisance and proceed according
to 50-62-103 or subsection (2) of this section.
(2) If the state fire prevention and investigation section, an officer of the section,
or a person identified in 50-62-101 determines that a building or other structure constitutes a public nuisance for any
reason identified in subsection (1) of this section, the section, officer, or other
person shall order the hazardous condition or material to be removed or remedied.
The order must be in writing and directed generally to the owner, lessee, agent, or
occupant of the building or structure.
(3) If the hazardous condition or material can be removed or remedied within a period
of 24 hours, the order must contain notice that the condition or material must be
remedied or removed. The owner, lessee, agent, or occupant upon whom the notice is served who fails to
comply with the notice is liable for any expenses incurred in the removal or remedying
of the hazardous condition or material by the fire prevention and investigation section,
officer of the section, or other person identified in 50-62-101.
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