§ 94.999  PENALTY.
   (A)   Unless otherwise set forth in this chapter, if any person, firm or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief or Fire Marshal, or shall fail, neglect or refuse to obey any lawful order given by the Fire Chief or Fire Marshal, in connection with the provisions of this chapter, for each such violation, failure or refusal, such person, firm or corporation shall be liable to the city for a civil forfeiture in a sum of $50. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.  In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
   (B)   There is hereby established the following citation schedule of penalties for violations of the following provisions of the City Fire Prevention Code.  Penalties shall be paid to the City Ordinance Violations Bureau who shall deposit the funds in the Fire Fund of the Fire Department.
      (1)   If the owner, operator, or agent fails to correct a cited violation of the Indiana  Fire  Prevention  Code  as  adopted  in  § 94.004, the penalty shall be $50 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or agent after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
      (2)   If an owner, occupant, manager or other agent obstructs a fire hydrant, fire department connection, or fire protection control valve, they are in violation of § 94.017 and the penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge.  If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown, the penalty shall be $75.
      (3)   If an owner, occupant, manager or other agent fails to install or maintain portable fire extinguishers as required, they are in violation of § 94.018, the penalty shall be $50.  Notice of violation shall be left with the owner, occupant, manager or other agent in charge.  If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown, the penalty shall be $75.
      (4)   If the owner, operator, manager, or agent of a commercial, industrial, or public building fails to establish and maintain open fire lanes, said owner, operator, manager, or agent shall be in violation of § 94.040.  The penalty shall be $50.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to the notice issued after 30 calendar days from the date and time shown on said notice, the penalty shall be $75.
      (5)   Any person, firm or corporation violating provisions of §§ 94.060 through 94.064, or who shall fail to comply with an order as affirmed or modified by the authority having jurisdiction, shall be subject to a fine of $50.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  The violation and penalty as described in §§ 94.060et seq. shall not be subject to any other fine or penalty within this chapter.
      (6)   Any person who maintains burning of combustible materials out-of-doors or open burning not permitted in § 94.071 shall be in violation of § 94.071.  The penalty shall be $50.  If the violator does not appear in response to a notice issued to them or have a permit placed in a noticeable location at the place of residence, business, or burn site within a period of 30 calendar days from date and time shown on said notice, the penalty shall be $75.
      (7)   If the owner, operator, or representative fails to obtain a Tire Storage Permit as required in § 94.080, the penalty shall be $50 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $75.
      (8)   If the owner, operator, or representative fails to obtain a Temporary Propane Tank Storage Permit as required in § 94.090, the penalty shall be $50 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
      (9)   If the owner, operator, or representative fails to obtain a Fireworks and Pyrotechnics Permit as required in § 94.100, the penalty shall be $500 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $750 per violation.
   (C)   The responsible party referred to in §§ 94.110 through 94.117 shall be subject to a fine of $50 for each day of non-compliance with §§ 94.110 through 94.117. Each day such violation is permitted by the responsible party to continue may be deemed to constitute a separate offense.
(1980 Code, § 94.999)  (Ord. 2016, passed 1-23-2001; Am. Ord. 2003-11, passed 6-10-2003; Am. Ord. 2014-3, passed 4-22-2014; Am. Ord. 2016-16, passed 10-25-2016)