(a) General Procedures. Whenever the representative of the Fire Prevention Bureau determines that there is a violation of any of the provisions of the Ohio Building Code, Ohio Fire Code, Codified Ordinances of the City of Fairlawn and/or requirements imposed by the Fairlawn Planning Commission the inspector shall give notice of the violation to the responsible party and order compliance, as herein provided. The notice and order shall:
(1) Be put in writing on an appropriate form as the Fire Prevention Bureau shall determine;
(2) Include a list of violations, refer to the code sections and divisions in violation and order remedial action which will effect compliance with the provisions of the law;
(3) Specify a reasonable time within which to comply;
(4) Serve on the responsible party personally or by certified mail and regular mail to the responsible party's residence, regular place of business or last known address. If the certified mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the responsible party's residence, regular place of business, last known address or the building unit or premises affected; and
(5) If the violation is by a corporation, the notice shall be served upon the local responsible party of the corporation.
(b) Whenever it is determined by the Fire Prevention Bureau that the violation of the Ohio Building Code, Ohio Fire Code, the Codified Ordinances of the City of Fairlawn and/or requirements of the Fairlawn Planning Commission are such that there is an eminent danger to personal injury or death or loss of property, the Fire Prevention Bureau shall have the authority to issue an immediate evacuation order and/or impose an administrative penalty as provided in Section 1699.01 et. al. The Fire Prevention Bureau shall consider the following criteria in issuing an evacuation order and/or imposing an administrative penalty:
(1) The extent to which the violator has benefited by the violation(s);
(2) The degree of harm to the public health, safety and welfare as a result of the violation(s);
(3) The recidivism of the violator, including previous notices and orders to comply and previous enforcement action;
(4) Good faith efforts of the violator to remedy the violation(s); and
(5) The duration of the violation(s) after a notice and order to comply was served pursuant to this section.
(c) The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the responsible party. Notice of a decision imposing an administrative penalty shall:
(1) Be put in writing on an appropriate form as the Fire Prevention Bureau shall determine;
(2) State the basis for the administrative penalty, including the section(s) of the law that have been violated;
(3) Specify the date and manner by which the penalty must be paid; and
(4) Be served on the responsible party personally or by certified mail and regular mail to the responsible party's residence, regular place of business or last known address. If the certified mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the responsible party's residence, regular place of business, last known address, or the business unit or premises affected.
(d) The imposition of an evacuation order shall be accomplished by posting the same at the location of the business unit or premises. The evacuation order shall:
(1) Be put in writing on an appropriate form as the Fire Prevention Bureau shall determine;
(2) State the basis for the evacuation order, including the section(s) of the law that have been violated;
(3) Order all individuals in the business unit or premises to vacate the structure;
(4) Specify the manner by which the evacuation order may be lifted; and
(5) Be served on the responsible party personally or by regular mail to the responsible party's residence, regular place of business, last known address, or shall be posted in a conspicuous place in or on the responsible party's residence, regular place of business, last known address or the business unit or premises affected.
(e) In addition to the administrative remedies and penalties provided in this chapter, the Fire Prevention Bureau shall have the authority to cite the responsible person to the City of Fairlawn Mayor's Court as provided by law. The citation shall:
(1) Be in writing;
(2) State the section(s) of the law that are in violation;
(3) State the maximum fine that can be imposed under the law.
(f) Right of Appeal. Any order to comply, other than an evacuation order, issued by the Fire Prevention Bureau may be appealed to the Commission on Public Safety by the party adversely affected by such order. The appeal shall be in writing and filed within twenty (20) days after the order is served to the responsible party. The decision of the Commission on Public Safety shall be made in strict conformance with the provisions of the Ohio Building Code, Ohio Fire Code and the Codified Ordinances of the City of Fairlawn.
(Ord. 2009-159A. Passed 2-8-10.)