(A) Generally. The penalties for violations of this chapter and the North Carolina State Building Codes will be based on the current city civil citations schedule.
(B) Issuance of notice of violations or civil citations by Fire Inspectors.
(1) State certified Fire Inspectors of the city’s Fire Marshal’s office are empowered to issue notices of violation and civil citations when the Fire Inspectors have reasonable cause to believe that any person or business has violated any provision of the North Carolina State Building Code, Fire Prevention Code, as amended, or this chapter. The notice of violation or civil citation may be delivered in person to the violator or, if the violator cannot be readily found, the notice of violation or civil citation may be mailed by certified mail. The notice of violation or civil citation shall specify the penalty to be imposed on the violator and shall direct the violator to appear to the Fire Marshal’s office within 30 days to pay the penalty or, alternatively, to pay the penalty by mail.
(2) The notice of violation may specify a period (minimum of 30 days and maximum of 90 days) during which the violator must correct the violation. If the violation is not corrected within the specific time, the violator shall be guilty of a new and separate offense.
(3) Violation(s) consisting of locked and/or blocked exits, impedance of the occupants to quickly evacuate a structure or premise, or conditions posing imminent danger to the occupants on or about the premise or violation(s) of occupancy limits established pursuant to the North Carolina State Building and/or Fire Code must be fixed corrected during the time of the inspection if at all possible.
(4) On a first or second offense, if the violator does not pay the penalty within 30 days after issuance of the notice of violation or civil citation, a delinquency charge as set forth in the fee schedule will be added to the amount specified in the notice of violation or civil citation and the notice of the delinquency charge shall be mailed to the violator. A criminal summons or warrant may be issued if the penalty plus delinquency charge are not paid within five days after the date of the delinquency notice.
(5) On a third offense of the same code violation during the same calendar year, there is a per day civil fee until the violation is corrected. If the penalty and delinquency charge are not paid within the time allowed, the Fire Marshal’s office may have a criminal summons issued against the violator for the violation of the NCSBC, NCBCFP, as amended, or this chapter. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the NCSBC or this chapter, to the penalty specified in the notice of violation or civil citation and the delinquency charge.
(C) Civil citations.
(1) Violation(s) of the North Carolina Fire Code, Building Code and/or city code including all referenced enforceable material contained within (may issue citation)** | |
First offense | as set forth in the fee schedule |
Second offense | as set forth in the fee schedule |
Third and any subsequent offenses (per each day that violation continues) | as set forth in the fee schedule |
(2) Violation(s) of occupancy limits established pursuant to the North Carolina State Building and/or Fire Code (may issue citation)** | |
First offense | as set forth in the fee schedule |
Second offense | as set forth in the fee schedule |
Third and any subsequent offenses (per each day that violation continues) | as set forth in the fee schedule |
(3) Violation(s) consisting of locked and/or blocked exits, impedance of the occupants to quickly evacuate a structure or premises, or conditions posing imminent danger to the occupants on or about the premises (shall issue citation)** | |
First offense | as set forth in the fee schedule |
Second offense | as set forth in the fee schedule |
Third and any subsequent offenses (per each day that violation continues) | as set forth in the fee schedule |
(4) Violation(s) of the open burning section of this chapter, the city permit section and the State Fire Code (may issue)** | |
First offense | as set forth in the fee schedule |
Second offense | as set forth in the fee schedule |
Third offense (per each day that violation continues) | as set forth in the fee schedule |
** Any violation incurred more than a year after issuance of the initial citation shall be treated as a first offense for purposes of establishing and imposing penalties. | |
(Ord. O-02-08, passed 6-5-2008)