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(a) Right to Demand Survey. The owner, lessee or occupant of any building, structure, enclosure, place or premises affected by any order or notice of the fire commissioner may make written demand upon the fire commissioner for a survey of such building, structure, enclosure, place or premises, to determine whether or not such order is valid and reasonable. Such demand for a survey shall be served upon the fire commissioner by leaving a copy thereof at the fire prevention bureau office within seven days, Sunday and holidays excepted, after the service of the order or notice referred to in such demand. Said demand for a survey shall contain the name of the person to act as a surveyor on behalf of the one making the demand.
(b) Duty of Fire Commissioner. Upon receipt of a demand for survey, the fire commissioner shall immediately issue an order for the same, naming therein the person to act as surveyor on behalf of the fire department. Such person shall be an officer or employee of the fire department, and said order shall state the name of the person selected by the fire commissioner to conduct the survey.
(c) Survey Procedure. In the event that the two persons thus named are unable to agree concerning the survey and their report thereon, they shall select a third person to act with them on such survey, and a report signed by any two of the three surveyors thus selected shall be conclusive. In the event that the two surveyors selected as above set forth cannot agree concerning the survey and their report thereon and cannot agree upon the selection of a third person to act with them in connection with such survey, said third person shall be selected and appointed by the chief justice of the circuit court on application made in writing by the fire commissioner, of which application the said fire commissioner shall give at least 24-hours notice, in writing, to the applicant for such survey, and a report signed by any two of the three surveyors thus selected shall be conclusive. The date and hour when the survey shall be made shall be stated in the order therefor, and no change shall be made in such date and hour, except by written stipulation duly signed by said fire commissioner and the applicant for such survey. A copy of such order shall be served upon the person demanding the survey by personal delivery to him at least 24 hours previous to the hour fixed in the order for the holding of such survey, and he shall have the right to be present and to be heard at such survey in person or by agent or attorney. The surveyors shall meet at the time and place described in the order of their appointment, and shall survey the building, structure, enclosure, place or premises referred to in said order, and to consider the merits of the order of the fire commissioner in respect to which the survey has been demanded.
(d) Report of Survey. After such survey and consideration, the surveyors shall prepare and sign a report of their proceedings and determination which shall be filed with the fire commissioner, and a copy thereof shall be given the person demanding such survey upon his application therefor. The determination of the surveyors in any such case shall be final and conclusive.
(e) Surveyor's Fees. Each person, other than an officer or employee of the fire department, designated to act as a surveyor pursuant to the provisions of this section shall be paid the sum of $25.00 for such survey in which he participates upon the filing of the report thereof with the fire commissioner.
(f) Payment of Expenses. As a condition precedent to the ordering of a survey, the person demanding the same shall deposit with the fire commissioner the sum of $100.00 to indemnify the city for the expense of the survey, in the event that the surveyors confirm the order of the fire commissioner. Such sum shall be returned to the depositor, in the event that the surveyors shall report such order as invalid or unreasonable. In case the report of the surveyors is to the effect that the order of the fire commissioner, which was the subject of such survey, was in all respects valid and reasonable, all the expenses of the survey shall be paid out of the fund herein required to be deposited with the fire commissioner by the person demanding such survey, and the balance remaining, if any, shall be returned to such person.
(g) Closing Buildings. If the order or notice subject to survey requires any building or premises to be closed on account of its dangerous condition, such order or notice shall not be stayed pending the determination of the reasonableness and validity thereof.
(Prior code § 90-8; Amend Coun. J. 5-18-16, p. 24131, § 61)