(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this chapter under the Fire Chief’s jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe and specify a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this chapter shall be served upon the owner or other person responsible for the conditions under violation. Such notice of violation shall be served by delivering a copy of the same to such person or persons by ordinary mail to the last known post office address, delivering a copy of same in person, or by delivering it to any person in charge of the premises or, in the case such person is not found upon the premises, by affixing a copy thereof in a conspicuous place at an entrance door, and such procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied with within the time specified by the Fire Chief and if no review of such order has been initiated under I.C. 36-8-17, the Fire Chief shall request the legal counsel of the city to institute the appropriate legal proceedings.
(C) Temporary or emergency orders issued by the Fire Chief under I.C. 36-8-17-9(b) shall be approved by the State Fire Marshal.
(D) When, in the opinion of the Fire Chief, there is actual and potential danger to the occupants or those in the proximity of any building, structure, or premises because of unsafe structural conditions or inadequacy of any means of egress, the Fire Chief may issue an emergency order, with oral approval of the State Fire Marshal, for the immediate evacuation of said building, structure, or premises.
(1) All of the occupants so notified shall immediately leave the building, structure, or premises; persons shall not enter or reenter until authorized to do so by the Fire Chief.
(2) Any person who refuses to leave, interferes with the evacuation of other occupants, or continues any operation after having been given an evacuation order, except such work as that person is directed to perform to remove a violation of unsafe condition, shall be deemed in violation of this chapter.
(Prior Code, § 91.55) (Ord. 1299, passed 11-2-1992) Penalty, see § 91.99
Statutory reference:
Related provisions, see I.C. 36-8-17-1 and 36-8-17-9(b)