(a) No person shall fail to comply with any provision of this Fire Prevention Code or shall fail to comply with any lawful order issued under this Fire Prevention Code. The Fire Chief or his or her authorized representatives upon presentation of proper credentials, may enter any building or premises at all reasonable hours or at such times as may be necessary in an existing emergency to examine and inspect for hazardous or dangerous conditions, equipment, materials, liquids, gases or accumulations; obstructions to or on fire escapes or other means of egress; and for the maintenance of fire protection equipment. No person shall prevent, obstruct or delay any inspection or the performance of any lawful duty of a firefighter acting within his or her official capacity. The Fire Chief’s right of entry shall be as authorized in Section 367.03.
(b) Whenever the Fire Chief or his or her representatives find that a property is in violation of this Fire Prevention Code, he or she shall notify in writing the owner or person in control of the property through an abatement order which can also be labeled as a Notice of Violations to correct the violation by a stated time. The order or notice may also order the person in control or the owner to remedy any hazardous or dangerous condition or orders to conduct the necessary tests to determine the sources of hazardous materials, liquids, gases or the adequacy of the equipment within a stated time. The Abatement order or Notice of Violations shall be served as stated in division (f) below.
(c) In an emergency, an abatement order may be summarily issued to be complied with immediately or the fire official may take such action as is necessary to remedy or remove any hazardous or dangerous condition.
(d) No person to whom an abatement order is directed shall fail to comply with such order within the time stated in such order.
(e) Except in an emergency, any person aggrieved by an abatement order may appeal by filing written notice with the Board of Building Standards and Building Appeals within thirty (30) days of the date of the order being appealed, accompanied by the required appeal fee.
(f) Abatement Orders or Notices of Violation issued under this Fire Prevention Code shall be served on responsible parties or owners by one (1) or more of the following methods:
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations.
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein;
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of these methods and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (f)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice, if that address is different from the address in division (f)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)