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(a) The Fire Chief or any officer is authorized to investigate and inquire into the cause or origin of any fire occurring in the City, which fire results in loss of life or damage to property. For such purpose such officer may enter, without restraint or liability for trespass, any building or premises and inspect the same and the contents and occupancies thereof.
(b) Whenever, in the opinion of the Fire Chief, there is reason to believe that a crime or other offense has been committed in connection with any fire, the Fire Chief may conduct an inquiry with relation thereto, either in person or by some officer appointed therefor. The inquiry shall be held at such time and place as the Fire Chief or the officer determines, and the same may be continued from time to time and to such place as he or she directs.
(1979 Code Sec. 15.12.040)
(a) Inspections; Right of Entry; Reports.
(1) The Fire Chief or his or her officer, upon complaint of any person having any interest in any building or premises, or property adjacent thereto, or at his or her own instance without such complaint and without restraint or liability for trespass, may, at any hour that is reasonable under the circumstances involved, enter into and upon any building or premises within his or her jurisdiction for the purpose of inspection and examination thereof, together with its occupancies and contents, for the discovery of the existence of a fire hazard.
(2) Whenever the Fire Chief or his or her officer finds any building or premises, either public or private, which, for want of repair; lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or electrical equipment; defective chimneys; defective gas connections; defective heating apparatus; accumulation of rubbish, waste materials, inflammable substances or decorations; or from any other condition; or for any other reason whatsoever, may cause an otherwise preventable fire or explosion, may endanger other property or premises or may be dangerous to the public peace, security or safety, he or she shall forthwith reduce to writing his or her findings on such inspection and examination. He or she shall file the same with the Fire Department, with a report stating the ownership, location and description of such building or premises so inspected and such other data and information as the Fire Chief shall prescribe in such cases, together with his or her recommendations relative to the abatement of the fire hazard.
(1979 Code Sec. 15.12.050)
(b) Orders to Eliminate Fire Hazards.
(1) Upon the filing of the findings and report provided for in subsection (a) hereof, the Fire Chief shall make a determination therefrom or from any additional report or investigation, as to whether and to what extent such building should be repaired, whether the same should be razed and completely removed and whether the use or occupancy of the building should be changed or terminated. In the case of premises other than buildings, the Fire Chief shall make a determination as to what extent, if any, the same should be cleared or improved or the hazardous condition remedied, or such other further determination as, in the opinion of the Fire Chief should be made to effectively protect the peace, security and safety of persons and property.
(2) Following such determination of the Fire Chief, he or she shall make and execute an order directed to the owner of the building or premises, based upon the determination so made, and cause the same to be served upon the owner and such other parties as he or she deems to be interested in the subject matter of the order.
(3) If such order requires a building to be repaired, the owner shall be given not less than ten days from and after the date of service of the order to signify, in writing, his or her intention to comply therewith. If such order requires the building to be torn down or removed, the owner of such building shall be given not less than thirty days from and after the service of the order to comply therewith.
(4) Failure on the part of any owner so served with an order to repair to signify his or her intention within the time limit stated in paragraph (b)(3) hereof shall be deemed a refusal to obey such order. In the event of any such refusal to comply with or obey any such order, the Fire Chief shall refer the matter to the State Fire Marshal with a full transcript of all proceedings thereon.
(5) If the owner of the building or premises is unknown, service may be had by registered mail to the last owner on the tax roll.
(6) In all cases the owner may appeal from all findings and orders to the Mayor and Council who shall give the owner a hearing and make a determination which shall be final.
(1979 Code Sec. 15.12.060)
(c) Service of Orders. Service of the order of the Fire Chief provided for in subsection (b) hereof, or of any other order made by the Fire Chief pursuant to or under this chapter, may be made in the following manner:
(1) By personally delivering a copy of the order to the person to whom it is directed anywhere in the State;
(2) By delivering a copy of the order by registered mail, addressed to the last known post office address of the addressee, and deliverable to the addressee only, with return receipt demanded, which service by registered mail shall be deemed personal and not substituted service.
(1979 Code Sec. 15.12.070)
(d) Validity of Orders.
(1) Substantial compliance with subsections (a) and (b) hereof shall be sufficient to give full force and effect to any order of the Fire Chief. Such order shall not be declared invalid, inoperative or void for any omission or for any reason not affecting the merit and substance of the subject matter of the order.
(2) Every order issued by the Fire Chief under subsection (b) hereof shall be presumed to be valid and reasonable and shall be prima facie evidence of the truth of the matters and things therein set forth.
(1979 Code Sec. 15.12.080)
(e) Noncompliance With Orders. If at the expiration of the time specified in an order to repair a building the owner has failed to signify, in writing, his or her intention to make such repair, or if at the expiration of the time prescribed in an order to raze or remove the building or to clear and improve premises the owner has failed to comply therewith, the Fire Chief may, in the name of his or her office, issue a violation notice to the owners and order an appearance in court, and may sign and file a complaint in court.
(1979 Code Sec. 15.12.090)
Abatement by City.
(1) The refusal or failure of a defendant to comply with the terms of any order or direction of the court in the premises within the time limited therefor shall be deemed in contempt of court for which such respondent may be cited to appear and answer in the same manner as in other cases of contempt of court. However, upon such refusal or failure, the court may order the Fire Chief or his or her officers to execute such order and directions and abate such fire hazard and, for the purpose of executing the same, to enter upon the premises and employ, or contract for, such labor, tools, implements or other assistance as shall be necessary for the performance of the work. The amount of the cost and expense of executing the order shall be a lien upon the lands and premises, enforceable and collectible in the same manner as provided by law in the case of mechanics liens.
(2) Any salvage of materials made in the abatement of such fire hazard may be used by the Fire Chief for defraying the cost and expense of executing the order or directions of the court to the extent thereof and the discharge of the lien. Any surplus over and above such cost and expense shall belong to the owner of the premises.
(1979 Code Sec. 15.12.100)
(g) Fire Hazards on Government Property. If the title to any lands upon which a building constituting a fire hazard is situated becomes vested in any political subdivision of the State, or in any department, board or other agency thereof, either before or after the issuance of the order described in subsection (b) hereof, such building or fire hazard shall be subject in all cases to this chapter.
(1979 Code Sec. 15.12.110)
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)