4-1-4: ORDER TO COMPLY; APPEAL:
   A.   Findings; Order to Comply: Whenever the Fire Marshal shall find any building or other structure which, for want of repair or by reason of age or dilapidated condition or for any cause, is especially liable to fire and which is so situated as to endanger other buildings or property or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys, flues and pipes with which the same may be connected or a dangerous arrangement of lighting devices or system or a dangerous or unlawful store of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable and refuse materials or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the fireman or occupants, he shall order the same to be removed or remedied and such order shall be forthwith complied with by the owner/occupant of said building or premises.
   B.   Appeal Process: If the owner or occupant deems himself aggrieved by such order, he shall, within thirty (30) days, file a written notice of appeal to the Building Board of Adjustments and Appeals, which such Board of Adjustments and Appeals shall serve as the Fire Code Board of Adjustments and Appeals. Failure to file a written appeal shall constitute a waiver of any further administrative relief by the aggrieved party. Such Board of Adjustments and Appeals shall follow the procedures otherwise required of it and not in conflict herewith as set out in the Building Code as adopted and amended by the City 1 .
   C.   Enforcement; Penalty:
      1.   Enforcement by Board; Penalty: The Board of Adjustments and Appeals shall have the authority to revoke, revise or order the enforcement of any such order and any owner or person otherwise in charge of such building who fails to comply with such order shall be deemed guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code, upon conviction for violation hereof.
      2.   Injunction: The City Attorney shall also have the authority to enforce the provisions hereof by injunctive relief filed in a court of competent jurisdiction. (Ord. 88-07, 8-16-88; 1994 Code)

 

Notes

1
1. See Title 9, Chapter 1 of this Code.