§ 91.57 LACK OF OPERATING SMOKE DETECTOR; COMPLAINT; INVESTIGATION BY CODE ENFORCEMENT DEPARTMENT OR FIRE OFFICIAL.
   (A)   If a rental dwelling unit or mobile home rental is not equipped with the required smoke detector at the time a new occupant moves into the unit, occupancy shall not be allowed. If the required smoke detectors do not exist, the tenant should give written notice to the County Code Enforcement Department or the Fire Prevention Bureau of the county starting the deficiency. Upon receipt of a complaint filed, the County Code Enforcement Department or the Fire Prevention Bureau shall investigate the alleged violations. If the County Code Enforcement Department or the Fire Prevention Bureau finds that the owner or owner's authorized agent has failed to install a properly operating smoke detector in the unit under investigation, the owner or owner's authorized agent shall be given written notice of the deficiency and shall have five calendar days to bring the unit into compliance. If the owner or owner's agent fails to comply within the time provided, the County Code Enforcement Department or the Fire Prevention Bureau may issue a citation to the owner or owner's agent.
   (B)   (1)   In the absence of a complaint from the tenant, the County Code Enforcement Department or the Fire Prevention Bureau may investigate the alleged violation. If the County Code Enforcement Department or the Fire Prevention Bureau finds that the owner or the owner's authorized agent has failed to install a properly operating smoke detector in the unit under investigation, the County Code Enforcement Department or the Fire Prevention Bureau may initiate the citation process by presenting the owner or the owner's agent with a written notice of the deficiency specifying that the owner or owner's agent has five calendar days to bring the unit within compliance. If the County Code Enforcement Department or the Fire Prevention Bureau finds that the owner or owner's authorized agent has complied with §§ 91.53 and 91.54, but that the tenant has failed to maintain the smoke detector in a proper working condition, the County Code Enforcement Department or the Fire Prevention Bureau may initiate the citation process.
      (2)   The tenant shall be given written notice of the deficiency and shall have five calendar days to bring the unit within compliance.
      (3)   If the tenant fails to comply within the time provided, the County Code Enforcement Department or the Fire Prevention Bureau may issue a citation to the tenant.
(Prior Code, § 6-252) (Ord. 1995-05, passed 4-3-1995) Penalty, see § 91.99