(A) Whenever the Fire Chief or his or her designee observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Chief's jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe and specifying a reasonable time for the required repairs or improvements to be made to correct such violation, and:
(1) The written notice of violation of this code shall be served upon the owner, a duly authorized agent, land contract holder, or upon the occupant or other person responsible for the conditions under violation.
(2) The notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of the premises or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.
(B) The failure of any Code Enforcement Inspector to inspect or issue a violation notice in accordance with this section shall not constitute or be approval of any violation or noncompliance with this chapter.
(C) When, in the opinion of the Fire Chief, there is actual and potential danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gasses or materials, the Fire Chief may order immediate evacuation of the building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and persons shall not enter or reenter until authorized to do so by the Fire Chief.
(D) Any person who shall refuse to leave, attempt to enter the building, or who interferes with the evacuation of other occupants or continues any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this code and IC 35-44-4.
(E) Temporary or emergency order issued by the Fire Chief, pursuant to IC 36-8-17-9 shall first be approved, either orally or in writing by the state Fire Marshal.
(Ord. 2005-04, passed 5-23-05) Penalty, see § 93.999
Editor’s note:
IC 35-44 was repealed by P.L.126-2012, Sec. 53.