(A) The failure of any person(s) or entity to comply with the requirements contained in a written notice from the Fire Code Official, delivered in person, posted on the premises, or sent to the person by U.S. Certified Mail, relative to a malfunction of fire protection or fire detection equipment, shall be considered a violation of the Municipal Code and such violation may result in imposition of penalties or prosecution as outlined in this chapter and the Village Code.
(B) Any notice of violation shall continue in force and effect until full compliance with the requirements stated therein. Each and every failure to comply with such notice within a 24 hour period shall constitute a separate and distinct offense and may be considered for penalty and/or prosecution as outlined in this chapter.
(C) A fine in accordance with this division may be imposed for two failed inspections. If after completion of the second re-inspection violations have not been corrected it will be the responsibility of the owner/agent to contact the Fire Department and to provide evidence of compliance. A fine in accordance with this division may be imposed each time that an inspector returns to the building for a re-inspection until all violations have been corrected.
(D) A fine in accordance with this division may be imposed for an unsafe condition. An unsafe condition may involve inadequate means of egress, or conditions that may constitute a fire hazard, or conditions that are dangerous to human life or the public welfare. A fine in accordance with this division may be imposed for each violation deemed an unsafe condition, with each day said violation continues to exist constituting a separate and distinct offense.
(E) Any person who violates, disobeys, fails, neglects, or refuses to comply with, or resists the enforcement of any of the provisions of this chapter, including the codes adopted herein by reference, or who refuses to remedy or correct a violation cited under this Code shall:
(1) Be issued a local ordinance violation citation, which shall carry a fine of $50 for the first offense, $75 for the second offense, and $100. for the third and each additional offense; or
(2) Be issued a local ordinance non-traffic citation requiring a mandatory court appearance by the person(s) or representative(s) of the named entity, which shall carry a fine, upon conviction, of not less than $100, nor more than $750 for each offense.
(F) Penalties for false alarms shall be in accordance with this Code. False alarm provisions within this chapter shall apply to both new and existing structures as follows:
(1) Type of false alarms charged. A fire alarm user shall be fined for each fire alarm if such false fire alarm is:
(a) Given intentionally;
(b) Due to or caused by improper installation, designed or use or due to lack of required maintenance;
(c) Resulting from any test, repair, alteration or addition to the fire protection system without prior notification thereof to the La Grange Park Fire Department.
(2) Fines. A fire alarm user shall be fined for false fire alarms as follows:
(a) First false alarm in a three month period: no action.
(b) Second false alarm in a three month period: shall result in a false alarm charge of $400.
(c) Each additional false alarm in a three month period after one shall result in a false fire alarm charge of $400.
(3) Failure to pay any fine imposed by this chapter within 30 days of notice of the fine shall constitute a further violation of this chapter and will result in the imposition of an additional fine of not less than $100 nor more than $750 for each offense, plus all legal fees and costs incurred in the process of enforcement. Such fees and costs shall include, but not be limited to, staff costs of inspection or re-inspection, legal fees, and staff costs to appear in court in connection with the enforcement. A separate offense shall be deemed committed for each day on which a violation occurs or continues.
(4) The village shall have the right to impose and record a lien against property as to which there are unpaid fines and related fees resulting from violations of fire alarm regulations.
(5) The Village Fire Department assumes no liability for:
(a) Any defects in the operation of an alarm system.
(b) Failure or neglect to respond appropriately upon receipt of an alarm.
(c) Failure or neglect of any person in connection with the installation, operation or maintenance of any alarm system.
(d) The transmission of alarm signals, pre-recorded alarm messages, or the relaying of such signals and messages.
(6) Nothing in this chapter shall authorize the La Grange Park Fire Department to refuse to provide emergency service to any person, business or other entity that has not paid for services previously provided or that owes money for services previously rendered.
(G) False alarm. Shall be defined as an alarm signal(s), which indicates the existence of an emergency situation, when in fact no such emergency exists, and shall include any alarm signal generated by any fire protection system by whatever means, but shall not include alarms resulting from any of the following:
(1) Fire causing structural damage to the protected premises verified by the Fire Department.
(2) Earthquake causing structural damage to the protected premises.
(3) Winds causing structural damage to the protected premises.
(4) Flooding to the protected premises due to overflow of natural drainage.
(5) Lightning causing physical damage to the protected premises.
(6) Telephone line malfunction verified in writing to the Village's Fire Department by an authorized telephone company supervisor within seven days of the occurrence. It shall be the responsibility of the property owner or the person responsible for the system to acquire this verification. This may be verified by responding Fire Department Personnel at the time of the response.
(7) Electrical service interruption verified in writing to the village's Fire Department by the local power company manager within seven days of the occurrence. It shall be the responsibility of the property owner or the person responsible for the system to acquire this verification. This may be verified by responding Fire Department Personnel at the time of the response.
(8) Plumbing or electrical malfunctions unrelated to fire protection system(s). This shall not include power interruption caused by electricians or other service personnel in the building.
(9) Alarm activation resulting from the presence of smoke.
(H) Fire alarm user. A "fire alarm user" is defined as the owner of the property from which the false alarm originates and any individual, partnership, operation, organization or other entity occupying or on the property with permission of the owner.
(Ord. 1123, passed 1-28-20)