A. Duty To Maintain And Repair: No person, being the owner, occupant or lessee of any building or other structure which is occupied or situated as to endanger persons or property, shall permit the building or structure, by reason of use, installation, alteration, repair or replacement of electrical equipment or by reason of failure to repair electrical equipment therein, to become especially susceptible to fire or to become liable to cause injury to any person by electrocution.
B. Authority To Order Remedial Work; Issuance Of Order To Repair: If, during the course of his inspection or during the course of supervision and control of the installation, alteration, repair or replacement of electrical equipment, the electrical inspector shall find any unsafe equipment or unsafe use of equipment, which equipment or use of equipment renders the premises, building or structure susceptible to fire or persons in the area liable to electrocution, the electrical inspector shall notify the owner, occupant or lessee of the premises, building, structure or electrical equipment to repair, replace, remove or abate the hazard. In lieu of giving the notice, the electrical inspector may order the repair, replacement, removal or abatement of the hazard. The order to repair shall be served upon the owner, occupant, or lessee of the premises, building, structure, or electrical equipment either personally or by certified mail. In the event the premises, building, structure, or electrical equipment is vacant or abandoned and the owner, occupant, or lessee cannot be found or is unknown, then, and in that event, the order to repair may be served by posting it conspicuously on the premises, building, structure or electrical equipment. The order to repair shall direct the repair, replacement, removal or abatement of the hazard within twenty (20) days unless, in the opinion of the electrical inspector, remedial steps cannot be taken in such time.
C. Appeal To Board of Appeals:
1. The owner, occupant or lessee who has been served with an order to repair may appeal the order to the board of appeals referred to in section 10-1B-1 of this title within twenty (20) days from the service of the order. After twenty (20) days from the service of the order to repair, the order shall become final.
2. The board of appeals shall thereupon make an investigation and shall either sustain or revoke the order to repair.
3. If the order to repair is sustained, the owner, occupant, or lessee upon whom the order to repair was served shall comply with the order to repair within twenty (20) days from the date the board of appeals sustains the order, unless an appeal is taken to the circuit court.
4. In the event no appeal is taken from the action of the electrical inspector to the board of appeals, the order to repair shall be a final order twenty (20) days after it is served.
5. In the event an order to repair is appealed to the board of appeals, it shall be a final order twenty (20) days after it is sustained by the board unless, within that time, it is appealed to the circuit court.
D. Appeal To Circuit Court: Any person against whom an order to repair has been entered pursuant to this chapter, which order has been sustained by the board of appeals, may, within twenty (20) days thereafter, appeal to the circuit court for the purpose of having the reasonableness or lawfulness of the order to repair inquired into and determined.
E. Effect Of Failure To Appeal: If no administrative appeal is taken from the order to repair by the electrical inspector pursuant to this section, or if no appeal is taken from an order of the board of appeals sustaining an order of the electrical inspector within the period fixed by this section, the party against whom the order was entered shall be deemed to have waived the right to have the reasonableness or the lawfulness of the order reviewed by a court, and there shall be no trial of those issues in any court in which suit may be instituted for the penalty for failure to comply with the order. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)