(A) A certain document, three copies of which are on file in the office of the City Clerk, being marked and designated as the 1991 Edition of the Life Safety Code, adopted by the National Fire Protection Association and bearing an effective date of February 8, 1991, as the same may hereafter be amended, revised or superseded by subsequent editions adopted and approved by the National Fire Protection Association, is adopted as the Life Safety Code of the city so as to provide a reasonable level of safety by reducing the probability of injury and loss of life from the effects of fire and other emergencies having the potential for similar consequences with due consideration for functional requirements; and each and all of the regulations, provisions, penalties, conditions and terms of the Life Safety Code are hereby referred to, adopted by reference and made a part hereof as if fully set forth in this section.
(B) In the event of a violation of the NFPA Life Safety Code, the following penalties shall be applicable:
(1) No prior violations of the Code during the preceding 12-month period: $50 fine for each contemporaneous offense;
(2) No more than one prior violation of the Code, during the preceding 12-month period, regardless of number of contemporaneous offenses having then occurred: $100 fine for each contemporaneous offense; and
(3) Two or more prior violations of the Code, during the preceding 12-month period, regardless of the number of contemporaneous offenses having then occurred: the fine shall be established by the Circuit Court of Massac County in an amount not less than $250 plus court costs and no more than $750 plus court costs for each contemporaneous offense.
(C) A charge of violation may be issued by any representative designated by the Fire Chief of the City Fire Department. Any fine provided for in divisions (B)(1) and (B)(2) above, may be paid in the office of the City Clerk until such time as a formal complaint is filed with the Circuit Clerk of the county. A formal complaint shall be issued to all persons who committed two or more violations of the Code, during the preceding 12-month period.
(D) In the event that the owner or owners of any building or structure that fails to conform to the minimum standards set forth in the Code shall fail to correct such violations within 30 days after receipt of written notice of the same from the city Fire Department, the city may make application to the Circuit Court of Massac County for an injunction requiring compliance with the Code and for such other orders it may deem necessary or appropriate to secure such compliance. Such remedies may include the appointment of a receiver to cause the building or structure to be brought into conformance or compliance with the applicable Code provisions.
(Ord. 93-30, passed 9-13-1993; Am. Ord. 98-13, passed 8-10-1998; Am. Ord. 2008-34, passed 12-22-2008
) Penalty, see § 10.99