(A) If any person, firm or corporation that shall violate any of the provisions of this chapter or shall commit any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief or his designee, or shall fail, neglect or refuse to obey any lawful order given by the Fire Chief or his designee in connection with the provisions of this chapter for each such violation, failure or refusal, such person, firm or corporation may be fined up to the maximum penalty prescribed by Indiana Statute for such offense.
(B) Each calendar day such unlawful activity is prohibited by this chapter may constitute a separate offense for the purpose of imposing fines pursuant to Indiana Statute.
(C) Fines assessed under this chapter do not preclude the violator from responsibility of payment of costs incurred by the city or the Fire Department if it is a necessity to enter onto a violator's property to correct, terminate or cease a violation in accordance with procedures outlined in this chapter.
(D) The Fire Chief or his duly authorized designees, upon verification of a violation of this chapter, may issue a citation to any responsible party who commits a violation of this chapter. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the violation occurs. If personal service of a violation is made by the Fire Chief or his designees, said official will in a conspicuous manner, wear on his person identification from the city or Fire Department. The citation shall serve as notice to the responsible parties that said party has committed a violation of this chapter.
(E) Except for a citation issued pursuant to § 94.13, no citation shall be issued unless the violator has been issued a notice of violation with a minimum of one and a maximum of ten days before the issuance of the citation in order to allow the violator the opportunity to correct the violation and to come into compliance with the prescribed section of the pertinent ordinance.
(F) The notice of violation shall include:
(1) The date of issuance;
(2) The name and address of the person charged;
(3) The section number of the pertinent ordinance which has been violated;
(4) The nature of the civil violation;
(5) The place and time at which the civil violation occurred;
(6) The range of fines which could be assessed upon continued noncompliance activity;
(7) The specific time allowed in which to bring the civil violation into compliance;
(8) The name, business address and telephone number of the official issuing the notice of violation; and
(9) The date and time of the notice and the number of days given on the notice.
(G) The citation shall be on a form adopted by the Department and shall include:
(1) The date of issuance;
(2) The name and address of the person charged;
(3) The section number of the pertinent ordinance which has been violated;
(4) The nature of the civil violation;
(5) The place and time at which the civil violation occurred;
(6) The schedule of monetary fines to be assessed;
(7) The name, business address and telephone number of the official issuing the citation; and
(8) The date and title of notice given and the number of days given on notice.
(H) Trial for civil violation. Upon the issuance of a citation, the Fire Chief or his designee shall forward a copy of the citation to the designated enforcement entity and the Howard County Court, Kokomo, Indiana shall schedule the case for trial.
(1) The City Attorney, his designee or the Department is responsible for the enforcement of this chapter.
(2) All procedures will be in compliance with the Indiana Rules for Civil Procedure.
(Ord. 6569, passed 12-8-08)