A. Determination of the Fire Marshal to Order the Vacation of a Building, Structure or Other Premises. Whenever the fire marshal determines that a building, structure or other premises is being occupied, used or maintained in a manner which violates the fire regulations adopted by this title, and that such occupancy, use, or maintenance has or is likely to create an imminent and serious fire hazard, the fire marshal may, by service and posting of the notices required by this section, order such building, structure or other premises to be vacated.
B. Service of Notice of Order to Vacate Building, Structure or Other Premises. Upon determining to order the vacation of a building, structure, or other premises, the fire marshal shall cause a written notice of such order to be served on the owner of such building, structure or other premises and on any person known to the fire marshal to be occupying or using such building, structure or other premises if such person is someone other than the owner of such building. In addition to setting forth the order of the fire marshal to vacate the building, structure or other premises, such notice shall contain a brief description of the reasons why such building, structure and other premises have been ordered vacated and the action, if any, which may be taken in order that the occupancy and use of a building, structure and other premises may be resumed, shall contain the statement of the right of any person aggrieved by such order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person on whom the notice was served that unless authorized by the fire marshal, the continued occupancy or use of such building, structure and other premises may subject such person to the misdemeanor penalties provided for in Section 16.52.090 of this chapter.
C. Posting of Notice of Order to Vacate Building, Structure or Other Premises. Upon determining to order the vacation of a building, structure or other premises, the fire marshal shall also cause a written notice of such order to be posted in a conspicuous place on such building, structure or other premises. In addition to setting forth the order of the fire marshal to vacate the buildings structure or other premises, such notice shall state that it is a misdemeanor for any person to occupy or use such building, structure or other premises unless authorized by the fire marshal or to remove or deface the posted notice of such order.
D. Effect of Order to Vacate Building, Structure or Other Premises. No person served with a notice of the fire marshal's order to vacate a building, structure or other premises or having actual knowledge of such order shall occupy or use such building, structure or other premises unless authorized by the fire marshal.
(Ord. 1752 §3 (part), Ord. 2491 §16 (part))