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(A) The Fire Chief, Chief Officers, Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this chapter involving the Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the Cal. Penal Code, including § 853.6, or as the same hereafter may be amended.
(B) It is the intent of the Town Council of the Town of Fairfax that the immunities provided in Cal. Penal Code § 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this chapter.
(Ord. 774, passed 12-4-2013; Am. Ord. 804, passed 12-7-2016; Am. Ord. 842, passed 12-4-2019; Am. Ord. 873, passed 12-7-2022)
(A) Any violations of the Town Fire Code shall be deemed a public nuisance.
(B) The owner of any property within the town has the primary responsibility for keeping the property free of public nuisances. Tenants and occupants, for the purposes of this chapter, shall be deemed to be the agents of the owner.
(C) All entries and inspections shall be done in a lawful and reasonable manner. If an owner, lawful occupant, or the respective agent thereof refuses permission to enter and/or inspect, the Fire Chief of the Ross Valley Fire Department or the duly authorized enforcement officer (collectively hereinafter, "Fire Chief") may seek an administrative inspection warrant pursuant to the procedures provided by Cal. Code of Civil Procedure §§ 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto.
(D) Whenever the Fire Chief believes a public nuisance exists, the Fire Chief shall commence abatement proceedings.
(E) The Fire Chief shall cause a written notice to be issued to abate such nuisance. Notice requiring the abatement of such nuisance shall be given by mail to the owner of the property upon which, or in front of which, such nuisance exists, at such owner's address as shown on the last equalized Assessment Roll of the County of Marin. Such notice shall contain the following:
(1) The street address and Assessor's Parcel Number for the affected property.
(2) The date of the inspection of the property by the Fire Department during which such nuisance was discovered.
(3) A description of the nuisance and its location on, or in front of, the property.
(4) The abatement action which the owner is required to take and a time limit for such abatement.
(5) A statement that if the owner fails to abate such nuisance within the prescribed time and the Fire Department, or other town agent, will abate the nuisance.
(6) A statement that if the Fire Department, or other town agent, is required to abate the nuisance the cost of such abatement will be assessed as a lien or special assessment against the property.
(7) A statement that the determination of the existence of a nuisance may be appealed to the Fire Chief within the time limit to abate the nuisance.
(F) Abatement. Should the owner of the affected property (i) fail to abate the nuisance; and (ii) fail to appeal the determination of the existence of a nuisance to the Fire Chief within the period set forth in the notice requiring abatement, the Fire Chief is authorized to perform such abatement and shall keep an accurate account of the cost of such abatement, including administrative costs.
(G) The Fire Chief shall mail written notice of the costs of the abatement to the owner of the affected property who may, within fifteen days of the date of such mailing, request a hearing by the Fire Chief with respect to such cost. The Fire Chief shall hold a hearing within 30 days of receiving the request. The Fire Chief may make any corrections or modifications if it deems the proposed costs to be excessive or incorrect. The decision of the Fire Chief shall be final.
(H) Assessment of cost. The cost of such abatement as finally fixed and determined by the Fire Chief may be recovered in an appropriate civil action, including costs of litigation and attorney fees, or may be enforced by a nuisance abatement lien or special assessment against the parcel of land as more particularly set forth in Cal. Gov't Code §§ 38773.1 and 38773.5, respectively. At least 30 days prior to recordation of the nuisance abatement lien, or submission of the report to the Tax Collector for collection of this special assessment, the Fire Chief shall give notice to the record owner of the property of the intent to collect abatement and related administrative costs against the property. In addition to any information required by state law, the notice shall include a summary of costs associated with enforcement of this chapter and abatement of the nuisance.
(I) Emergency abatement. Notwithstanding any other provisions of this chapter, whenever the Fire Chief determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the Fire Chief shall, without being required to comply with the procedures of this section, immediately cause such public nuisance to be abated, provided all other legal constitutional requirements are complied with.
(J) Remedies are cumulative. Nothing in this chapter shall be deemed to prevent the town from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards, deficiencies or violations of law in real property in addition to or as alternatives to the proceedings set forth in this chapter.
(Ord. 774, passed 12-4-2013; Am. Ord. 804, passed 12-7-2016; Am. Ord. 842, passed 12-4-2019; Am. Ord. 873, passed 12-7-2022)
(A) Any violation of the Town Fire Code as adopted herein may be a misdemeanor or infraction, and subject to the penalties set forth herein.
(1) The first citation, within a 12-month period, for a violation of the Town Fire Code shall be treated as an infraction, punishable by a fine of $100.
(2) Any subsequent citation within a 12-month period for any violation of the Town Fire Code may be either a misdemeanor or an infraction, as determined by the discretion of the Fire Chief. Misdemeanors shall be subject to the penalties set forth in Sections 109 or 111 as applicable. Infractions shall be punishable by the fines specified in Cal. Government Code § 36900.
(B) An administrative citation and fine may also be imposed in accordance with Chapter 1.10. The use of administrative citation and fine as means for addressing violations of this code shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this code and may be used at the sole discretion of the town. The amounts of the administrative citation fines are contained in § 1.10.120 of the Town Code.
(C) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. Unless otherwise specified, each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both criminal and administrative penalties shall not be held to prevent the enforcement or correction of prohibited conditions.
(D) Nothing contained in divisions (A) and (B) of this section shall be construed or interpreted to prevent the Ross Valley Fire Department from recovering all costs associated with a Ross Valley Fire Department response as described in § 104.12 of the 2021 International Fire Code as amended.
(Ord. 774, passed 12-4-2013; Am. Ord. 804, passed 12-7-2016; Am. Ord. 842, passed 12-4-2019; Am. Ord. 873, passed 12-7-2022)
(A) Any person receiving an administrative citation may request an administrative hearing pursuant to § 1.10.160 of the Town Code.
(B) Any person receiving a bill for Ross Valley Fire Department response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within 30 days after the date of mailing the bill, an administrative appeal against imposition of the response costs and expenses. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten days' advance written notice of the time and place of the hearing. Within ten days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within 30 days after the mailing of the notice of the decision of the hearing officer.
(C) Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Town Council within ten days from the date of the decision. The Town Council shall conduct a hearing on appeal, after giving the appellant at least ten days' advance written notice of the time and place of the hearing. Within ten days after the hearing, the Town Council shall give written notice of the decision to the appellant, which decision shall be final. The provisions of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to divisions (A) or (B) above.
(Ord. 774, passed 12-4-2013; Am. Ord. 804, passed 12-7-2016; Am. Ord. 842, passed 12-4-2019; Am. Ord. 873, passed 12-7-2022)