(A) Generally.
(1) Penalty. If any person, firm or corporation shall violate any of the provisions of this chapter that are not part of the state adopted fire and building laws as set forth by I.C. 22-13-2-11, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the City Fire Marshal or his or her designee, or shall fail, neglect or refuse to obey any lawful order given by the City Fire Marshal or his or her designee in connection with the provisions of this chapter that are not part of the state adopted fire and building laws as set forth by I.C. 22-13-2-11 for each violation, failure or refusal, the person, firm or corporation may be fined up to and including the maximum penalty prescribed by I.C. 36-1-3-8(10), or may be subject to the civil penalty provisions of division (A)(2) below. Each day of unlawful activity as is prohibited by the first sentence of this division shall constitute a separate offense.
(2) Civil penalty. The city shall impose civil monetary fines or penalties for violations of this chapter which may be enforced by City Fire Department in accordance with the procedures outlined in division (A)(4) below.
(3) Civil violations; exceptions. Any person, firm or corporation who (which) uses property in violation of this chapter or knowingly permits another person, firm or corporation to do so shall upon citation by the designated enforcement entity be deemed to have committed a civil violation and shall pay to the city a civil monetary fine in the amount prescribed in division (A)(4) below.
(4) Schedule of monetary fines.
(a) The civil monetary fine for each civil violation shall be $50 except as provided in division (A)(4)(b) below.
(b) For a repeated civil violation by the same violator, the following fines shall apply:
Second violation | $100 |
Third violation | $150 |
Fourth violation | $200 |
Each violation in excess of four | $500 |
(c) These civil violation fines do not preclude the civil violator from responsibility of payment of costs incurred by the city if it is a necessity for the city to enter onto a property to correct, terminate or cease a violation in accordance with procedures outlined in this chapter. All monies collected with the exception of court costs will be placed in the city’s non-reverting fund as set forth in Ordinance 09-02.
(5) Citation for civil violations.
(a) 1. The City Fire Marshal or his or her 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 civil violation is made by the City Fire Marshal or his or her designees, the city fire official will:
a. Identify himself or herself as an employee of the City Fire Department; and
b. In a conspicuous manner, wear on his or her person identification of his or her employment with the City Fire Department.
2. The citation shall serve as notice to the responsible parties that the party has committed a violation of this chapter.
(b) 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.
(c) 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.
(d) 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.
(e) The date, time and location of the court in which the civil violation shall be adjudicated shall be determined by the court which will send notification thereof to the violator and the Fire Marshal or his or her designee.
(6) Trial for civil violation.
(a) Upon the issuance of a citation, the City Fire Marshal or his or her designee shall forward a copy of the citation to the designated enforcement entity, the City Attorney and the City Court shall schedule the case for trial.
1. The City Attorney, his or her designee or the City Fire Department is responsible for the enforcement of this chapter.
2. All procedures will be in compliance with the State Rules for Civil Procedure and will adopt court cost recovery for infractions according to the state.
(b) In proceedings before the court for a civil violation:
1. By a preponderance of the evidence presented at the trial, the designated enforcement entity has the burden of proving the civil violation and that the violator committed the infraction; and
2. The violator may question all witnesses who appear for the designated enforcement entity and may also produce evidence or witnesses on the violator’s behalf.
(c) A person found to have committed or caused a civil violation is liable for the fine, court costs and fees. No costs may be assessed against the designated enforcement entity in any action.
(d) Seeking a civil penalty as authorized in this section does not preclude the designated enforcement entity from alternative relief from the court in the same action or from seeking injunctive relief which is available under the law of the state or any other remedy in a separate action for the enforcement of the pertinent ordinance.
(e) When a violator has been found to have committed or caused a civil violation, the court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the court, the violator may be held in contempt for the refusal to abide by the court’s orders.
(f) A change of venue from the City Court shall not be granted in this case.
(B) Fines for false alarms. Any person, firm, corporation or entity having a fire, burglar, holdup, or any type of intrusion alarm shall be charged a fee of $25 for the second false alarm responded to by the City Police Department or Fire Department within any 12-month period and $50 for each false alarm so responded to thereafter within the same 12-month period. The fee may be waived if the owner, lessee or possessor of the alarm shows to the satisfaction of the City Police Chief or City Fire Department Chief, the City Fire Marshal or his or her designee, under penalty of perjury, and within 30 days of occurrence of the false alarm, that the false alarm was not the result of negligence, an intentional act or improper maintenance. Any fines collected for the City Fire Department under this section will be placed in the non-reverting fund as set forth in Ordinance 09-02.
(Ord. 2009-10, passed 11-30-2009)