(A) 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 shall fail, neglect or refuse to obey any lawful order given by the Fire Chief, in connection with the provisions of this code, 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 not less than $20, not more than $2,500. 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 provisions of the City of Fort Wayne Fire Prevention Code. Penalties shall be paid to the Fort Wayne Ordinance Violations Bureau who shall deposit the funds in the Fire Fund of the Fort Wayne Fire Department.
(1) If the owner, operator, or agent fails to correct a cited violation of the Indiana Fire Prevention Code as adopted in § 94.04
, the penalty shall be $100 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 $150.
(2) If the owner, occupant, manager or other agent obstructs a fire hydrant, fire department connection, or fire protection control valve they are in violation of § 94.18
and the penalty shall be $100. 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 $150.
(3) If the owner, occupant, manager or other agent fails to install or maintain portable fire extinguishers as required they are in violation of § 94.19
, the penalty shall be $100. 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 $150.
(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 § 94.40
. The penalty shall be $100. 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 $150.
(5) If a vehicle with or without a licensed driver is parked or obstructs a fire lane in violation of § 94.41
, the penalty shall be $100. If the violator does not appear in response to a notice affixed to such vehicle within a period of 30 calendar days from the date and time shown on said notice, the penalty shall be $150.
(6) Any person, firm or corporation violating provisions of §§ 94.60
through 94.64
, 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 $100. Each day such violation is permitted to continue may be deemed to constitute a separate offense. The violation and penalty as described in §§ 94.60
through 94.65
shall not be subject to any other fine or penalty within this chapter.
(7) Any person who maintains burning of combustible materials out of doors or open burning not permitted in § 94.70
shall be in violation of § 94.70
. The penalty shall be $100. If the violator does not appear in response to a notice issued to them or 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 $150.
(8) If the owner, operator, or representative fails to obtain a Tire Storage Permit as required in § 94.80
, the penalty shall be $100 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 $150.
(9) If the owner, operator, or representative fails to obtain a Temporary Propane Tank Storage Permit as required in § 94.90
, the penalty shall be $100 for each violation cited. Each day such violation is permitted to continue may be deemed 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 $150.
(10) If the owner, operator, or representative fails to obtain a Fireworks and Pyrotechnics Permit as required in § 94.100
, the penalty shall be $100 for each violation cited. Each day such a violation is permitted to continue may be deemed 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 $150.
(11) If the fire protection contractor, owner, occupant, manager, or other agent fails to submit written certifications of installed life safety appliances or systems as required they are in violation of § 94.15
(C) and the penalty shall be $100. Notice of violation shall be left with the contractor, 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 $150.
(12) If the fire protection contractor, entity, company or individual performing the service fails to submit a detailed report upon completion of an inspection, maintenance or repair performed on any and all life safety protections appliances and systems including but not limited to fire sprinkler systems, standpipe systems, fire alarms, smoke detection, monitoring systems, fire extinguishing hood systems, private fire hydrants, private water main systems, fire extinguishers, other extinguishing systems, and fire hose as required they are in violation of § 94.21
and the penalty shall be $100. Notice of violation shall be left with the contractor, entity, company, individual 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 $150.
(13) If a mobile food unit operator fails comply with the installation of a Type 1 hood system over heat producing appliances that produce grease laden vapors they are in violation of § 94.22
and the penalty shall be $100. 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 $150.
(14) Any person violating § 94.23
by refusing to use the reflective symbol or by removing the reflective symbol shall be subject to a fine in an amount of $100 per violation. Each day that a violation occurs shall constitute a separate violation, subject to a separate fine. 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 $150.
(15) If the contractor, entity, company or individual performing the service fails to register as required they are in violation of § 94.92
(D) and the penalty shall be $250. Notice of violation shall be left with the contractor, entity, company, individual 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 $300.
(16) Failure to submit fire and life safety protection contractor registration under § 94.93
: $100; $150 if failure to appear after 30 calendar days from date of notice.
(C) There is hereby established the following fees of the City of Fort Wayne Fire Prevention Code. Fees shall be paid to the Fort Wayne Fire Department who shall deposit the funds in the Fire Fund of the Fort Wayne Fire Department.
(Ord. G-28-99, passed 12-28-99; Am. Ord. G-23-14, passed 11-18-14)