Section 2 Hazard Prevention and Other Such Measures
第二節 危険防止等の措置
Article 81Measures for Illegal Structures and Objects
第八十一条（違法工作物等に対する措置）
The chief of a police station may order a person as referred to in one of the following items to remove, move, or repair the structure or object (hereinafter referred to in this Section as a "structure or object") that is involved in the referenced violation, discontinue the construction or work (hereinafter referred to in this Section as "construction or work") that is involved in the referenced violation, or take other necessary measures in connection with the structure or object or construction or work that is involved in the referenced violation, in order to prevent a road hazard or eliminate a traffic obstruction:
警察署長は、次の各号のいずれかに該当する者に対し、当該違反行為に係る工作物又は物件（以下この節において「工作物等」という。）の除去、移転又は改修、当該違反行為に係る工事又は作業（以下この節において「工事等」という。）の中止その他当該違反行為に係る工作物等又は工事等について、道路における危険を防止し、又は交通の妨害を排除するため必要な措置をとることを命ずることができる。
a person erecting or placing a structure or object in violation of Article 76, paragraph (1) or (2);
a person placing an object in violation of Article 76, paragraph (3);
第七十六条第三項の規定に違反して物件を置いた者
a person erecting or placing a structure or object or undertaking construction or work in violation of Article 77, paragraph (1);
a person violating a condition attached by the competent police station chief under Article 77, paragraph (3) or (4); or
a person failing to remove a structure or object or to take other measures to restore the road to its original state, in violation of Article 77, paragraph (7).
If unable to ascertain the name and address of the person set forth in item (i), (ii), or (iii) of the preceding paragraph, and if therefore unable to order that person to take the measures under the preceding paragraph, the chief of the police station may personally take the measures. In such a case, if the chief of the police station removes a structure or object, the chief must store it as its custodian.
Having come to store a structure or object pursuant to the second sentence of the preceding paragraph, the chief of a police station must issue public notice of the information that Cabinet Order prescribes or take other necessary measures that Cabinet Order prescribes to return the structure or object to the person in possession or owner of the structure or object or to any other person holding title to the structure or object (hereinafter referred to in this Article and Article 82 as the "person in possession, owner, or holder of title").
If a structure or object stored pursuant to paragraph (2) is likely to be lost or damaged, or if such a structure or object remains unreturned three months after the date of public notice as under the preceding paragraph and the cost or effort required to store it is unreasonable compared to its value as appraised pursuant to Cabinet Order, the chief of the police station may sell the structure or object and store the proceeds of the sale as the custodian thereof, pursuant to Cabinet Order.
If there is no purchaser for a structure or object in a sale as under the preceding paragraph and the value of the structure or object as prescribed in that paragraph is very low, the chief of the police station may dispose of it.
The proceeds of a sale undertaken pursuant to paragraph (4) may be allocated to cover the expenses required to conduct that sale.
第四項の規定により売却した代金は、売却に要した費用に充てることができる。
The expenses required for things such as the removal, moving, repair, retention, sale, and public notice in connection with a structure or object as prescribed in paragraphs (2) through (4) are borne by the person in possession, owner, or holder of title to whom the structure or object should be returned.
第二項から第四項までに規定する工作物等の除去、移転、改修、保管、売却、公示等に要した費用は、当該工作物等の返還を受けるべき占有者等の負担とする。
The chief of the police station must set the amount, due date, and place for payment of the charges payable by the person in possession, owner, or holder of title pursuant to the preceding paragraph, and must issue a written order to that person to pay them.
If a person ordered to make a payment pursuant to the preceding paragraph fails to do so before the due date, the chief of the police station must issue a written demand that fixes the due date for payment. In such a case, the chief of the police station may collect a fine for delinquency of up to the amount calculated as representing 14.5 percent per annum of the charges payable, and may collect a fee for the necessary costs of issuing the demand.
警察署長は、前項の規定により納付を命ぜられた者が納付の期限を経過しても負担金を納付しないときは、督促状によつて納付すべき期限を指定して督促しなければならない。この場合において、警察署長は、負担金につき年十四・五パーセントの割合により計算した額の範囲内の延滞金及び督促に要した手数料を徴収することができる。
If a person subject to a demand under the preceding paragraph fails to pay the charges, fines for delinquency, or fees referred to in the second sentence of that paragraph (hereinafter referred to in this Article as "charges, fines, or fees") by the fixed due date, the chief of the police station may collect the charges, fines, or fees based on the rules governing measures to collect local tax arrears. In such a case, the charges, fines, or fees follow national taxes and local taxes in order of priority as concerns statutory liens.
Charges, fines, and fees paid and collected are the revenue of the prefecture where the police station is located.
納付され、又は徴収された負担金等は、当該警察署の属する都道府県の収入とする。
If a structure or object stored pursuant to paragraph (2) (or the proceed of its sale pursuant to paragraph (4); the same applies hereinafter in this paragraph) remains unreturned six months after the date of the public notice prescribed in paragraph (3), ownership of the structure or object vests in the prefecture where the police station is located.
Article 81-2Measures for Spilled Loads
第八十一条の二（転落積載物等に対する措置）
If a load carried by a vehicle or streetcar that falls or is scattered onto a road (hereinafter referred to in this Article and Article 83 as a "spilled load") is likely to cause a traffic hazard on the road or a serious obstruction to traffic, the chief of a police station may order the person in possession or owner of the spilled load or any other person holding title to the spilled load (referred to as "person in possession, owner, or holder of title to the spilled load" in the following paragraph) to remove the spilled load or to take other necessary measures with the spilled load to prevent a road hazard or ensure that traffic runs smoothly.
If unable to ascertain the name and address of the person in possession, owner, or holder of title to a spilled load in a case as referred to in the preceding paragraph, and if therefore unable to order that person to take the measures under that paragraph, the chief of the police station may personally take those measures. In such a case, if the chief of the police station removes the spilled load, the chief must retain it as its custodian.
前項の場合において、当該転落積載物等の占有者等の氏名及び住所を知ることができないため、これらの者に対し、同項の規定による措置を採ることを命ずることができないときは、警察署長は、自ら当該措置を採ることができる。この場合において、転落積載物等を除去したときは、警察署長は、当該転落積載物等を保管しなければならない。
The provisions of paragraphs (3) through (12) of the preceding Article apply mutatis mutandis to spilled loads subject to measures under the preceding paragraph.
前条第三項から第十二項までの規定は、前項の規定による措置に係る転落積載物等について準用する。
Article 82Measures to Prevent Hazards Posed by Roadside Structures and Objects
第八十二条（沿道の工作物等の危険防止措置）
If a structure or object erected or placed on roadside land is likely to pose a road traffic hazard or a serious obstruction to traffic, the chief of a police station may order the person in possession, owner, or holder of title to the structure or object to remove it or take other necessary measures to prevent road traffic hazards or ensure that traffic runs smoothly.
If unable to ascertain the name or address of the person in possession, owner, or holder of title to the structure or object in a case as referred to in the preceding paragraph, and if therefore unable to take the measures under that paragraph, the chief of the police station may personally take the measures. In such a case, if the chief of the police station removes the structure or object, the chief must store it as its custodian.
Article 81, paragraphs (3) through (12) apply mutatis mutandis to the retention prescribed in the second sentence of the preceding paragraph.
第八十一条第三項から第十二項までの規定は、前項後段の規定による保管について準用する。
Article 83Stop-Gap Measures for Structures and Objects
第八十三条（工作物等に対する応急措置）
If a structure or object erected or placed on a road or roadside land or a spilled load is likely to cause a serious toad traffic hazard or an obstruction to traffic, and if a police officer finds it to be urgently necessary to do so, that officer may remove, move, or take other stop-gap measures regarding the structure or object or the spilled load, but only so far as is necessary to prevent a road traffic hazard or eliminate a traffic obstruction.
In a case as referred to in the preceding paragraph, having removed the structure or object or spilled load, a police officer must hand it over to the chief of the police station with jurisdiction over the place where the structure or object was erected or placed or where the spilled load was located. In such a case, the chief of the police station must store the structure or object or spilled load as its custodian.
Article 81, paragraphs (3) through (12) apply mutatis mutandis to the storage prescribed in the preceding paragraph.
第八十一条第三項から第十二項までの規定は、前項の規定による保管について準用する。