(1) Citation to Remedy Dangerous conditions.
(A) If the Fire Marshal, an Assistant Fire Marshal, Lorain City Fire Chief or his assistant, or any certified fire safety inspector (collectively and hereafter the "issuing authority"), upon an examination or inspection, finds a building or other structure, which for want of proper repair, by reason of age and dilapidated condition, defective or poorly installed electrical wiring and equipment, defective chimneys, gas connections, or heating apparatus, or for any other reason, is especially liable to fire or endangers life or other buildings or property, such officer shall issue a citation and order such building or structure to be repaired, torn down, demolished, or materials removed, and all dangerous conditions remedied.
(B) If such issuing authority finds in a building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline, or inflammable conditions of any kind, which are especially dangerous to the safety of persons or such building, premises, or property, he shall issue a citation and order such materials removed or conditions remedied.
(C) If such issuing authority finds that any building, structure, tank, container, or vehicle used for the storage, handling, or transportation of flammable or combustible liquids, or of liquefied petroleum gas, or the pumps, piping, valves, wiring, and materials used in connection therewith, are especially dangerous to the safety of persons or such building, structure, tank, container, or vehicle, he shall issue a citation and order such condition remedied.
(D) The issuing authority may proceed, on a citation issued under this section, to seek enforcement by use of the procedures established herein.
(2) Issuing Notice of Violation or Citation.
(A) If, upon inspection or investigation, the issuing authority believes that a violation of this Chapter, the state fire code or an associated order, has or is occurring, the issuing authority shall, with reasonable promptness, issue a citation to the responsible person. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this Chapter, the state fire code or the associated order alleged to have been violated. In addition, the citation shall fix a deadline for the abatement of the violation. When the citation is issued by the issuing authority, a copy of the citation shall be furnished to the Fire Marshal.
(B) The Fire Marshal or Chief of Fire may prescribe procedures for the issuance of a notice of violation in lieu of a citation with respect to de minimis violations which have been determined by the Fire Marshal or Chief of Fire as having no direct or immediate relationship to safety or health.
(C) Each citation issued under this section, or a copy(s) of the citation, shall be prominently posted by the responsible person, as prescribed in this Chapter and as may be prescribed by the State Fire Code, at or near each place a violation referred to in the citation occurs.
(3) Notice of Penalty and Right to Appeal.
(A) If, after an inspection or investigation, issuing authority issues a citation as prescribed herein, the issuing authority shall, within a reasonable time after such inspection or investigation and in accordance with this Chapter, notify the responsible person of the citation and its penalties. The issuing authority shall also notify the responsible person of the right to appeal the citation within thirty days after receipt of the notice to State of Ohio, Board of Building Appeals.
(B) If the responsible person is aggrieved by an order of the Board of Building Appeals, the person may appeal to the court of common pleas where the property that is the subject of the citation is located, within thirty days after the board renders its decision.
(C) As used in this section, "issuing authority" means the office of the Fire Marshal and any assistants or designees, the Chief of the Lorain Fire Department and any of his assistants or designees and any certified fire safety inspectors.
(4) Injunction- Temporary Restraining Order.
(A) The courts of common pleas shall have jurisdiction, upon a complaint filed by the issuing authority to restrain, immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Chapter or any other applicable local or state law, any condition or practices in any building or upon any premises which violate this Chapter or the state fire code and are such that a fire or explosion hazard exists which could reasonably be expected to cause death or serious physical harm. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger.
(B) Upon the filing of any such complaint the court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding outlined herein.
(C) Whenever the issuing authority concludes that conditions or practices described in division (A) of this section exist in any building or on any premises he shall inform the owner, operator, lessees, occupants, and other affected persons of the danger and that he is seeking relief pursuant to this Chapter. If necessary to preserve life, the Fire Marshal, an Assistant Fire Marshal, or a certified fire safety inspector, if authorized by the Fire Marshal or his deputy, may orally order the building or premises vacated immediately. Such an order shall remain in effect until the issuing authority determines that such order is no longer necessary to protect life. In addition, the issuing authority making the oral order shall post written notice in conspicuous places on the building or premises.
(D) If the Fire Marshal, an Assistant Fire Marshal, or a certified fire safety inspector arbitrarily or capriciously fails to seek relief under this section, any person who may be injured by reason of such failure may bring an action against the Fire Marshal, an Assistant Fire Marshal, or a certified fire safety inspector in the court of common pleas of the county in which the imminent danger is alleged to exist for a writ of mandamus to compel the Fire Marshal, an Assistant Fire Marshal, or certified fire safety inspector to seek such relief.
(5) Failure to Comply With Order. If any responsible person fails to comply with an order of the Fire Marshal or his assistant, the Fire Chief or his assistant or designee, or a certified fire safety inspector as finally affirmed or modified by the State Board of Building Appeals under section 3737.43 of the Ohio Revised Code, within the time fixed in the order, then the Fire Marshal or his assistant, Chief of Fire or his assistant or designee, or certified fire safety inspector may file a complaint in the court of common pleas of the county where the property is located for a court order authorizing the issuing authority to cause the building, structure, or premises to be repaired or demolished, materials to be removed, and all dangerous conditions to be remedied, if such was the mandate of the order as affirmed or modified by the State Board of Building Appeals, at the expense of the responsible person. If the responsible person, within thirty days thereafter, fails, neglects, or refuses to pay the expense that would be incurred in enforcing the order of the court of common pleas under this section, the court shall order that the real estate upon which the building, structure, or premises is or was situated be sold pursuant to (Chapter 2329. of the Ohio Revised Code), except as otherwise provided in this section. The proceeds of the sale shall be credited to the Lorain Fire Department capital fund. The Chief of the Lorain Fire Department shall use the proceeds of the sale to cause the repair or demolition of any building, structure, or premises, the removal of materials, or the remedy of all dangerous conditions unless the purchaser of the real estate enters into an agreement with the court to perform the repair, demolition, removal, or remedy within a time period acceptable to the court. No bid of a prospective purchaser shall be acceptable which is insufficient to pay the expense that the Fire Marshal would incur. If the amount received from the sale exceeds the expense that the Fire Marshal would incur, the court shall direct the payment of the surplus first to those parties with encumbrances, mortgages, or liens on the real estate in order of their priority, and then to the responsible person or into the court for its use and benefit.
(6) Actions Against Violations. Upon the request of the Fire Marshal, the Fire Marshal's authorized representative, or a certified fire safety inspector, the Attorney General, the legal officer of any county or municipal corporation, or the law director of a township that has adopted a limited home rule government under Chapter 504 of the Ohio Revised Code shall bring an action for an injunction, temporary or permanent, or any other appropriate proceedings against any person violating or threatening to violate any provision of this Chapter or the State Fire Code or any order issued pursuant thereto in the court of common pleas in the county where the violation is occurring or is threatened to occur.
This section does not expand, and shall not be construed as expanding, the authority of the Fire Marshal, the Fire Marshal's authorized representative, or a certified fire safety inspector to enforce any requirements that are adopted herein or pursuant to this Chapter or Chapter 3781 or 3791 of the Ohio Revised Code or any rules adopted pursuant to section 3781.10 or 3781.11 of the Ohio Revised Code.
(7) Civil Penalty for Violations.
(A) No person shall knowingly violate any provision of this Chapter or the State Fire Code or any order made pursuant thereof.
(B) Any person who has fails to correct a violation for which a citation has been issued within the period of time permitted for its correction pursuant to this Chapter or any order issued pursuant it, shall be assessed a civil penalty of no less than one hundred dollars but not more than one thousand dollars for each such violation in addition to any other penalties imposed by this Chapter. Each day that the violation persists beyond the stated time period for its correction shall be considered a violation.
(C) Any person who violates any of the posting requirements, as prescribed in this Chapter, shall be assessed a civil penalty of not more than one thousand dollars for each violation. Each day that the violation persists beyond the stated time period for its correction shall be considered a violation.
(D) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of previous violations shall be given whenever a penalty is assessed under this Chapter.
(E) Civil penalties imposed by this Chapter shall be paid to the Fire Chief for deposit into the Lorain Fire Department capital budget. Such penalties may be recovered in a civil action in the name of the State brought in the court of common pleas of the county where the violation is alleged to have occurred.
(8) Criminal Penalties for Violations.
(A) No person shall knowingly violate any provision of this Chapter or the State Fire Code or any order made pursuant thereof.
(B) A violation of this Chapter shall be punishable as a misdemeanor of the fourth degree upon a first offense having penalties of no more than a two hundred fifty dollar ($250) fine in addition to court costs and imprisonment no more than thirty days. A subsequent violation of the same or similar section in this Chapter shall be punishable as a misdemeanor of the first degree having penalties of no more than a one thousand dollar ($1,000) fine in addition to court costs and imprisonment no more than six months.
(Ord. 70-16. Passed 7-5-16.)