50-62-102. Structures or conditions creating fire hazard a public nuisance -- order to remedy. (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.

History: En. Sec. 16, Ch. 148, L. 1911; amd. Sec. 2, Ch. 95, L. 1913; amd. Sec. 2, Ch. 212, L. 1919; re-en. Sec. 2753, R.C.M. 1921; amd. Sec. 1, Ch. 139, L. 1929; re-en. Sec. 2753, R.C.M. 1935; R.C.M. 1947, 82-1219(part); amd. Sec. 23, Ch. 706, L. 1991; amd. Sec. 26, Ch. 449, L. 2007.