(A) No person, being the owner, occupant, or other person interested in the premises which is so occupied or so situated as to endanger persons or property, shall permit such building or structure by reason of faulty construction, age, lack of proper repair, or any other cause to become especially liable to fire, or to become liable to cause injury or damage by collapsing or otherwise. No person, being the owner, occupant, or other person interested in the premises, shall keep or maintain or allow to be kept or maintained on such premises, combustible or explosive material or flammable conditions, which endanger the safety of said buildings or premises.
(B) The officers of the city charged with the duty of investigating fires or conducting fire prevention and life safety inspections shall inspect and examine at reasonable hours, any premises, and the buildings and other structures thereon, and if, such dangerous condition or fire hazard is found to exist contrary to the rules herein referred to, or if a dangerous condition or fire hazard is found to exist as specified in division (A) above, and the rules herein referred to are not applicable to such dangerous condition or fire hazard, shall identify the dangerous condition, and shall so notify the owner, occupant, or other person interested in the premises. Service of the notice upon the owner, occupant, or other person interested in the premises shall be in person, by electric transmission, or by registered or certified mail. If no corrective action is taken by the owner, occupant, or other person interested in the premises to remove or remedy the dangerous condition or fire hazard within a reasonable time, as determined by the city, an order shall be served upon the owner, occupant, or other person interested in the premises directing that the dangerous condition be removed or remedied immediately. Service of the order upon the owner, occupant, or other person interested in the premises shall be in person, by electronic transmission, or by registered or certified mail.
(C) Appeals and hearings. The owner, occupant, or other person interested in such premises, within ten days after receiving an order from the Mayor or City Officer with the duty of investigating fires or conducting fire prevention and life safety inspections, may appeal the order in writing to the city. The city shall thereupon conduct a hearing. If the order is sustained or modified, or if no appeal is made to the city, it shall be the duty of the owner, occupant, or other person interested in the premises to immediately comply with such order.
(D) Administrative review. When an order to remove or remedy a dangerous condition or fire hazard has been modified or sustained by the city, the owner, occupant, or other person interested in the premises against whom the order has been entered may seek review in the Circuit Court for the Third Judicial Circuit in Madison County, Illinois.
(E) Penalties; concurrent jurisdiction.
(1) A willful failure, neglect, or refusal to comply (a) with the order of the Office of the State Fire Marshal or with an order from the city after it has become final by reason of failure to prosecute an appeal as provided by this section, or (b) with the judgment of the circuit court sustaining or modifying the order is a petty offense, and in the event of a continuance of such willful failure, neglect, or refusal to comply with such order, each day’s continuance is a separate offense.
(2) Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof shall be fined not more than $750, for each and every violation thereof, and every day the violation continues shall constitute a separate offense.
(F) The provisions of this subchapter shall not be construed to affect or repeal any ordinances of the City of Madison having jurisdiction relating to building inspection, fire limits, fire prevention, or safety standards, but the jurisdiction of the Office of the State Fire Marshal shall, in such local authorities having jurisdiction, be concurrent with that of the local authorities having jurisdiction.
(Ord. 1845, passed 3-17-2020)