Section 15-124. Destruction of buildings to prevent spread of fire  


Latest version.
  • a. The
      commissioner may order any building which  is  on  fire,  or  any  other
      building near thereto which he or she deems hazardous, or likely to take
      fire,  or to convey the fire to other buildings, to be razed, if, in his
      or her discretion, such action is necessary to  prevent  the  spread  of
      fire or to prevent the loss of life or property therefrom.
        b.  Whenever the razing of a building is thus ordered, it shall be the
      duty of any member or members of the department, under the direction  of
      the  officer in command at such fire, to level and destroy such building
      by the use of explosives, and it shall be lawful for them to  enter  and
      take  possession  of  the  same  for  such purpose. The commissioner may
      establish one or more depots for the storage  and  safekeeping  of  such
      explosives  as  may  be  required and may limit the quantity of any such
      explosives to be kept at any such depots.
        c. Upon the application of any person interested in  any  building  so
      razed, or in its contents, to the supreme court in and for the county or
      any  adjoining  county  in  the  judicial  department  within which such
      building is situated, it shall be the duty of  such  court  to  issue  a
      precept  for  a  jury  to  inquire into and assess the damages which the
      owners of such building and all persons having  an  estate  or  interest
      therein  or  in the contents thereof, have respectively sustained by the
      razing of such building or its contents. Such precept shall  be  issued,
      directed,  executed,  returned  and  proceeded upon, and the proceedings
      thereon shall take effect, as nearly as may be, in  such  manner  as  is
      provided  in  chapter three of title five of the code. After the inquiry
      and assessment are confirmed by the court, the sums assessed by the jury
      shall be paid by the city to the respective persons in whose  favor  the
      jury  shall  have assessed the same, in full satisfaction of all demands
      of such persons, respectively, by reason of the razing of such  building
      or its contents. The court before which such process shall be returnable
      shall  have  power to compel the attendance of jurors and witnesses upon
      any such assessment of damages.