A. Penalties Generally: It shall be unlawful for any person, firm, or corporation to violate any provisions of this chapter, and, except as otherwise provided, any person, firm, or corporation guilty of violating any of the provisions of this chapter shall be punishable as provided under section 1-4-1
of this code. Each day that a violation continues shall be deemed a separate offense.
B. International Fire Code Violations:
1. Unlawful Acts: It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by the international fire code or amendments to the international fire code as set forth in this chapter, or cause same to be done, in conflict with or in violation of any of the provisions of the international fire code or amendments to the international fire code as set forth in this chapter.
2. Notice Of Violation: When the building official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of the international fire code or amendments to the international fire code as set forth in this chapter, the building commissioner is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. Administrative notices are attempts to secure voluntary compliance and are not the start of prosecution for jurisdictional purposes.
3. Service: A notice of violation issued pursuant to the international fire code or amendments to the international fire code as set forth in this chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.
4. Compliance With Orders And Notices: A notice of violation issued or served as provided by the international fire code or amendments to the international fire code as set forth in this chapter shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.
5. Prosecution Of Violations: If the notice of violation is not complied with promptly, the building commissioner is authorized to request the legal counsel of the village to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of the international fire code or amendments to the international fire code as set forth in this chapter or of the order or direction made pursuant hereto.
6. Unauthorized Tampering: Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed or tampered with or removed without authorization from the building commissioner.
7. Violation Penalties: Persons who shall violate a provision of the international fire code or amendments to the international fire code as set forth in this chapter or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the building commissioner, or of a permit or certificate used under provisions of the international fire code or amendments to the international fire code as set forth in this chapter, shall be guilty of a misdemeanor and punishable as prescribed by law and as provided under section 1-4-1
of this code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
8. Abatement Of Violation: The imposition of the penalties herein prescribed shall not prevent the building official from requesting the legal counsel of the village to institute the appropriate legal proceedings at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. (Ord. 949, 3-20-2007, eff. 4-1-2007; amd. Ord. 1459-24, 5-23-2024)