(A) Whenever the Fire Prevention Chief observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Prevention Chief’s jurisdiction, the Fire Prevention 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. The written notice of violation of this code shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail or 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; such procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied with within the time specified by the Fire Prevention Chief, and if no review of such order has been initiated under I.C. 36-8-17-10, the Fire Prevention Chief shall cause a citation to be issued to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant thereto. These legal proceedings also include proceedings to collect the fines specified below.
(C) Temporary or emergency orders issued by the Fire Prevention Chief under I.C. 36-8-17-9(b) shall first be approved by the State Fire Marshal.
(D) When, in the opinion of the Fire Prevention 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, gases or materials, the Fire Prevention Chief may issue an emergency order, with oral approval of the State Fire Marshal, for the immediate evacuation of said 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 Prevention Chief. Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue 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.
(Ord. 31-1988, passed 8-2-1988)