§ 98.42 VIOLATIONS DESIGNATED AS CIVIL OFFENSE.

   All violations of this code are designated as civil offenses and enforced by imposing civil fines as set out in § 33.81. The city Code Enforcement Board shall have the power to issue remedial orders and impose civil fines to enforce this code.

(Ord. O-15-05, passed 7-12-05; Am. Ord. O-10-07, passed 6-26-07; Am. Ord. O-10-16, passed 6-21-16; Am. Ord. O-5-22, passed 4-26-22)

§ 98.43 APPLICATION FOR APPEAL.

   (A)   Any person directly affected by a decision of the Code Official, or notice, or order issued under this code shall have the right to appeal to the city Code Enforcement Board, provided that a written application for appeal is filed with the City Clerk within seven days after the date the decision, notice, or order was served. An application for appeal shall include a request for hearing as described in §33.77(G). An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this Code would cause an undue hardship.

   (B)   Appeal procedure. Appeals under this section shall be heard by the Board following the procedure for hearing set forth in § 33.77. At the conclusion of such hearing, the Board shall issue a finding granting or denying the appeal and such other remedy or penalty orders as are necessary to enforce the provisions of this Code.

(Ord. O-15-05, passed 7-12-05; Am. Ord. O-10-07, passed 6-26-07; Am. Ord. O-10-16, passed 6-21-16; Am. Ord. O-5-22, passed 4-26-22)

OBSTRUCTION OF FIRE HYDRANTS AND ASSOCIATED FIRE EQUIPMENT

§ 98.50 OBSTRUCTION PROHIBITED.

   There shall be no obstruction, including, but not limited to landscaping, overgrowth, walls, and fences, placed or kept near fire hydrants, Fire Department inlet connections, fire protection system controls, or isolation valve access covers in a manner which would prevent such equipment from being immediately visible and accessible. A minimum ten-foot unobstructed radius shall be maintained around all fire hydrants. Radii less than ten-foot may be approved by the Fire/EMS Chief. A minimum four-foot unobstructed passageway shall be maintained to provide access to Fire Department inlet connections, fire protection system controls, and isolation valve access covers.

(Ord. O-21-06, passed 9-12-06)

§ 98.51 COMPLIANCE.

   All persons owning property adjacent to fire hydrants, Fire Department inlet connections, fire protection system controls, or isolation valve access covers shall be in compliance with this subchapter within six months of its effective date.

(Ord. O-21-06, passed 9-12-06)

§ 98.52 NOTICE OF VIOLATION.

   When a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of § 98.50, the Officer is authorized to issue a citation to the offender or, in lieu of issuing a citation, give a notice of violation. Any citation issued by the Code Enforcement Officer shall comply with Section VIII of Ordinance No. O-7-02 (passed 4-30-02).

(Ord. No. O-21-06, passed 9-12-06)

Cross-reference:

   Code Enforcement Board, see §§ 33.70 et seq.

OPEN BURNING

§ 98.60 OPEN BURNING RESTRICTIONS.

   No garbage, trash, rubbish, leaves, paper, plastic, petroleum based products or other materials shall be burned unless in an approved manner. Fires set to clear land for commercial development is prohibited. Unless otherwise prohibited, the following types of fires may be kindles within the city:

   (A)   Outdoor commercial or noncommercial fires used for cooking within a fireplace, barbecue set, or barbecue pit and is only fueled with cut and split firewood. These cooking fires shall not be kindled within ten feet of any structure or combustible assembly. Propane, natural gas, charcoal and briquette cooking fires are not regulated under this section.

   (B)   Outdoor recreational fire for pleasure, religious, ceremonial, or similar purposes in which the fuel is burned in an approved fireplace, store bought chiminea or commercially fabricated steel or non- combustible patio style fireplace where such device is being used in accordance with the manufacturer’s guidelines and is only fueled with cut and split firewood, and the total fuel area is not exceeding three feet in diameter and two feet in height. Recreational fires shall not be kindled within ten feet of any structure or combustible assembly.

   (C)   Outdoor noncommercial fire to clear yard debris including sticks, stems, and twigs that is burned in an incinerator, barrel, wire basket, or similar device shall include a spark arrester screen with openings not greater than one-half inch that will prevent the fire from spreading or endangering other areas. These debris clearing fires shall not be kindled within 25 feet of any structure or combustible assembly.

   (D)   All outdoor fires shall be constantly attended by a competent person until such a fire is extinguished. This person shall have a garden hose connected to a water supply or other fire extinguishing equipment readily available for use.

   (E)   Florence Fire/EMS Department is authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.

(Ord. O-9-07, passed 6-26-07)

§ 98.61 VIOLATIONS DESIGNATED AS CIVIL OFFENSE.

   All violations of this code are designated as civil offenses and enforced by imposing civil fines as set out in § 33.81. The city Code Enforcement Board shall have the power to issue remedial orders and impose civil fines to enforce this code.

(Ord. O-9-07, passed 6-26-07)