(a) No person designated by the Chief of the Cortland Fire Department shall serve as a Fire Safety Inspector unless he has received a certificate issued by the Ohio Department of Public Safety, Division of EMS under Ohio R.C. Chapter 4765 and further evidencing the satisfactory completion of a fire safety inspection training program.
(b) Unless entry is refused by an owner or his agent, upon presentation of proper credentials, the Inspector may, at all reasonable times, enter any dwelling structure, commercial structure or any other building or property in the City to perform any duty imposed upon him by the Codified Ordinances. When a property owner denies the Inspector entry onto his property for the purposes of making an inspection, he or she may apply for and obtain a search warrant in order to gain access to such property. Nothing contained in this section shall limit the right of immediate entry by the inspector onto any property in the City when he or she determines that an emergency exists.
(c) The Inspector, upon examination or inspection may issue citations when he finds conditions as specified in the Ohio R.C. Section 3737.41 which are especially dangerous to the safety of persons, buildings, premises or property; or, Ohio R.C. Section 3737.42 in which non-compliant code conditions exist with the Ohio Fire Code. The Inspector shall also have the authority to make any necessary remedial inspections and issue orders in connection with the enforcement of the Cortland City Fire Code and the Ohio Fire Code.
(d) Citation and/or Violation enforcement procedures for the Ohio Fire Code shall be by use of the procedures established by the Ohio R.C. Chapter 3737 for the Ohio Fire Code.
(e) In addition, the City may apply to a court of competent jurisdiction under Ohio R.C. 3737.44 or any other applicable provision of the Ohio Revised Code or of the Codified Ordinances of this City, for injunctive relief, restraining orders or other equitable relief, in order to protect and preserve life and property within the City.
(f) Enforcement procedures for the provisions of the Cortland Fire Prevention Code not involving the Ohio Fire Code shall be in accordance with the sections contained herein.
(g) The Inspector, upon reasonable belief and after inspection or investigation, shall with reasonable promptness issue a citation to the responsible person for a violation of the Ohio Fire Code. The citation shall fix a reasonable time for abatement of the violation. Nothing herein contained shall prohibit the Inspector from ordering immediate abatement of a condition which he deems to be an imminent danger to persons and/or property.
(h) For municipal criminal proceedings, the complaint, warrant or summons, or the issuance of a citation in minor misdemeanor cases shall be as is prescribed in the Ohio Rules of Criminal Procedure, by referencing the numerical designation of the applicable municipal ordinance, including the specific provision of the Fire Prevention Code, or any order issued pursuant thereto, provided such order fixes a reasonable time for abatement of the violation.
(i) State enforcement proceedings for violation of Ohio R.C. Chapter 3737, i.e., the Ohio Fire Code, shall be as is prescribed in Ohio R.C. 3737.41 to 3737.51.
(j) A copy of such complaint or citation shall be prominently posted at or near each place a violation referred to occurs.
(k) Upon request of the Fire Chief or Inspector, the Law Director shall institute and prosecute any necessary action or proceeding to enforce this chapter, or Ohio R.C. Chapter 3737.
(Ord. 0-25-14. Passed 6-16-14.)
(Ord. 0-25-14. Passed 6-16-14.)