§ 33.064 ORDER TO REMOVE HAZARD.
   (A)   Order. Whenever an inspector finds any building or other structure which, for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever an inspector finds in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof or finds dangerous accumulations of rubbish, or finds obstructions on fire escapes, stairs, passageways or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he or she shall order such dangerous conditions or materials to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such premises or building.
   (B)   Service of order. The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve the order upon the owner of the premises, it may be served either by delivering to and leaving with the person a copy of the order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing a copy to the owner’s last known post office address.
   (C)   Appeal. If an order is made by the Chief Inspector or any of the Assistant Inspectors, such owner or occupant may, within 24 hours, appeal to the Chief of the Fire Department, who shall, within five days, review such order and file his or her decision thereon and, unless by his or her authority the order is revoked or modified, it shall remain in force and be complied within the time fixed in the order or decision of the Chief of the Fire Department.
   (D)   Appeals Board. Any owner or occupant may, within five days after the making or affirming of any such order by the Chief of the Fire Department, file his or her petition with the Appeals Board as defined in the Fire Code, praying a review of such order and it shall be the duty of such Board to hear the same within not less than five days, nor more than ten days, from the time the petition is filed, or as soon thereafter as reasonably can be, and to make such order in the premises as right as justice may require, and such decision shall be final. The person appealing to the Board shall file with the Board within two days a bond in an amount to be fixed by and approved by the Board, conditioned to pay all the costs of such appeal in case the appellant fails to sustain his or her appeal or the same be dismissed for any cause.
(1960 Code, § 5-2-5) (Ord. 7362, passed 3-15-2010)